News Now Patrick of YouTube (Actor)

For quite some time I had been watching the chatter on YouTube when it comes down to this particular YouTube also known as Patrick Roth. And to be honest, this guy is as hated as I am. I paid close attention to his actions and the reactions from his haters as I do my own. It seems like I am the only one that sees right through his channel or at least the motives behind it. And from my understanding, he is a Freemason, in which I am not at all familiar with, so let’s see what we can dig up on the “Freemasons”.

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Wikipedia:

Freemasonry or Masonry consists of fraternal organisations that trace their origins to the local fraternities of stonemasons, which from the end of the fourteenth century regulated the qualifications of stonemasons and their interaction with authorities and clients. The degrees of Freemasonry retain the three grades of medieval craft guilds, those of ApprenticeJourneyman or fellow (now called Fellowcraft), and Master Mason. The candidate of these three degrees is progressively taught the meanings of the symbols of Freemasonry, and entrusted with grips, signs and words to signify to other members that he has been so initiated. The initiations are part allegorical morality play and part lecture. The three degrees are offered by Craft (or Blue Lodge) Freemasonry. Members of these organisations are known as Freemasons or Masons. There are additional degrees, which vary with locality and jurisdiction, and are usually administered by their own bodies (separate from those who administer the craft degrees).

The basic, local organisational unit of Freemasonry is the Lodge. The Lodges are usually supervised and governed at the regional level (usually coterminous with either a state, province, or national border) by a Grand Lodge or Grand Orient. There is no international, worldwide Grand Lodge that supervises all of Freemasonry; each Grand Lodge is independent, and they do not necessarily recognise each other as being legitimate.

Modern Freemasonry broadly consists of two main recognition groups. Regular Freemasonry insists that a volume of scripture is open in a working lodge, that every member profess belief in a Supreme Being, that no women are admitted (although, in some jurisdictions, those who transition to women after being initiated may stay; see below), and that the discussion of religion and politics is banned. Continental Freemasonry is now the general term for the jurisdictions which have removed some, or all, of these restrictions.


So in other words, they are somewhat like the Illuminati or other Cultural Groupies. I do find it humorous that folks are so focused on him being a Freemason to the point where they do not see that the guy is playing them for fools. After all that this guy had done on YouTube, him and his Partner/Girlfriend (known as Selena Carol) have cleared out their channels, I can’t even locate Selena and Patrick got rid of all of his content, except two comments that he had made on his discussion tab.

His Haters are all over that shit too! 🤣

I would have to say that this guy is a goddamn genius! I mean, you should see all of the stuff that popped up out of the blue within the search results after Patrick and Selena abandoned ship. 🤣 Not only is there a Copycat channel on News Now Patrick, there is also one on News Now Houston (also known as Earl David Worden, who is currently going through court over alleged accusations that he molested or sexually assaulted, not abused, his own daughters when they were younger).

So it is definitely obvious what is going on here and I feel like I am watching a Soap Opera involving Boot Lickers (aka Cop Supporters) and Auditors (aka Civil Rights Activists). It is very entertaining to say the very least and Patrick himself had made a hell of a profit off of it all too.

I just wonder how long Patrick and Selena are gonna ride this out before making a surprise comeback? 🤣👍

Donald J Trump is a Racist Bigot!

It’s been said over and over again that this man is a racist asshole, he is the Hitler of America and his actions and this raid is proof! So is his Twitter account. This is why I will never ever submit to this asshole!

Just a Quick Update

Dear Trump Supporters

Those of YouTube and Discord, it’s time to move on and get a Life. Stop stalking our network, stop harassing us, and stop with the cyber bullying. You are not winning when you act like a bunch of immature bitches on public forums. You are only hurting the image of Donald J. Trump, which is shocking, considering the fact he has already destroyed his own image, you fools are just making it 10 times worse than it already is.

This is what are apart of CHRISTIANITY and DONALD J TRUMP:

  1. BIGOTRY
  2. FASCISM
  3. SEXISM
  4. RACISM
  5. HYPOCRISY
  6. OPPRESSION
  7. GREED

This is what makes up the support base and all 7 are that of both church and state now, when it comes down to this new administration.

CHRISTIANITY IS THE REAL EVIL THAT IS OUT TO DESTROY MANKIND!

Ziggurat Etemenanki Posterity News -Evolutionary Change

Hello and Welcome to the ZEP News (Ziggurat Etemenanki Posterity News) “The Posterity News Media Network”, a network that is all about Truth and Justice, Peace and Order, Transparency and Serenity. We here believe that Truth by the use of the Olden Text, the very text that was hidden and nearly destroyed by those who wished to take our freewill away from us, it is that very Olden Text that shall be the very weapon against our Oppressors, that can set humanity free, by breaking the chains that binds us, being freed from the dominance of Christianity (Enlilites) and having the power and the control bestowed upon us once more.

So with the “EVOLUTIONARY CHANGE” and the “Scorpio Rising”, we will stop at nothing to help the real “TRUTH” stay “EXPOSED” for as long as we shall live. “ZEP News” is here to bring Truth and Justice to the masses, the way that it should be brought.

Atheists may know the “Truth”, but, they still remain skeptic and that doesn’t quite help anyone with learning what the meaning to Life is really about, it just leaves more skepticism, thus keeping humanity from embracing the true godly power that exists within their DNA. So, we here at ZEP News will not rest, we will not stop researching, assessing and investigating all sources that we come across, for we are here to Teach, Preach and Inform based on the only Valuable Resources that we’ve located. This is no longer a religious matter folks, this is a Earthly matter and if we are to create peace, then we must restore the balance between good and evil, light and darkness, thus, only through Unity can that happen and we can’t simple have Unity until we as Humanity can learn to Agree to Disagree and simply Coexist.

Sadly enough though, the wicked will never, ever let that happen, so, we must do whatever it takes to use the Real Truth to put the Wicked in check until Judgment Day finally does arrive and we are really running out of time.

ZEP News will be the New Order, thus the Babylon Temple that is the Foundation of the Heavens and of the Earth, will be REBORN! ZIGGURAT ETEMENANKI and LORD MARDUK will once again Prosper.

Know Your Rights

I’ve been stopped by the police in public

Your rights

  • You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to do so.)
  • You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon. Note that refusing consent may not stop the officer from carrying out the search against your will, but making a timely objection before or during the search can help preserve your rights in any later legal proceeding.
  • If you are arrested by police, you have the right to a government-appointed lawyer if you cannot afford one.
  • You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports as well as for individuals on certain nonimmigrant visas, including tourists and business travelers. For more specific guidance about how to deal with immigration-related questions, see our immigrants’ rights section.)

How to reduce risk to yourself

  • Stay calm. Don’t run, resist, or obstruct the officers. Do not lie or give false documents. Keep your hands where the police can see them.

What to do if you are arrested or detained

  • Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.
  • If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often do listen if you call anyone else.

If you believe your rights were violated

  • Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
  • If you’re injured, seek medical attention immediately and take photographs of your injuries.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

What you can do if you think you’re witnessing police abuse or brutality

  • Stand at a safe distance and, if possible, use your phone to record video of what is happening. As long as you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.
  • Do not try to hide the fact that you are recording. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording. In many states (see here) you must affirmatively make people aware that you are recording them.
  • Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video under any circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you should politely but firmly tell the officer that you do not consent to doing so, and remind the officer that taking photographs or video is your right under the First Amendment. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of arrest (including the risk that officer may search you upon arrest) against the value of continuing to record.
  • Whether or not you are able to record everything, make sure to write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from, how many officers were present and what their names were,  any use of weapons (including less-lethal weapons such as Tasers or batons), and any injuries suffered by the person stopped. If you are able to speak to the person stopped by police after the police leave, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.

Additional resources

From <https://www.aclu.org/know-your-rights/stopped-by-police>

I’ve been pulled over by the police

Your rights

  • Both drivers and passengers have the right to remain silent.
  • If you’re a passenger, you can ask if you’re free to leave. If yes, you may silently leave.

How to reduce risk to yourself

  • Stop the car in a safe place as quickly as possible.
  • Turn off the car, turn on the internal light, open the window part way, and place your hands on the wheel. If you’re in the passenger seat, put your hands on the dashboard.
  • Upon request, show police your driver’s license, registration, and proof of insurance.
  • Avoid making sudden movements, and keep your hands where the officer can see them.

What to do if you are arrested or detained

  • Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.
  • If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often will listen to a call made to anyone else.

If you believe your rights were violated

  • Write down everything you remember, including officers’ badges and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
  • If you’re injured, seek medical attention immediately and take photographs of your injuries.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

What you can do if you think you’re witnessing police abuse or brutality

  • Stand at a safe distance and, if possible, use your phone to record video of what is happening. As long as you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.
  • Do not try to hide the fact that you are recording. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording. In many states (see here) you must affirmatively make people aware that you are recording them.
  • Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video under any circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you should politely but firmly tell the officer that you do not consent to doing so, and remind the officer that taking photographs or video is your right under the First Amendment. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of arrest (including the risk that officer may search you upon arrest) against the value of continuing to record.
  • Whether or not you are able to record everything, make sure to write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from, how many officers were present and what their names were,  any use of weapons (including less-lethal weapons such as Tasers or batons), and any injuries suffered by the person stopped. If you are able to speak to the person stopped by police after the police leave, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.

From <https://www.aclu.org/know-your-rights/stopped-by-police>

The police are at my door

Your rights and how to reduce risk to yourself

  •  You should not invite the officer into your house. Talk with the officers through the door and ask them to show you identification. You do not have to let them in unless they can show you a warrant signed by a judicial officer that lists your address as a place to be searched or that has your name on it as the subject of an arrest warrant .
  •  Ask the officer to slip the warrant under the door or hold it up to the window so you can read it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant has the name of the person to be arrested.
  •   Even if officers have a warrant, you have the right to remain silent. You should not answer questions or speak to the officers while they are in your house conducting their search. Stand silently and observe what they do, where they go, and what they take. Write down everything you observed as soon as you can.

 When your rights have been violated

  • Write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

How to be a responsible bystander

  • If you are a guest inside the house and end up answering the door, you should make clear to the police that you are a guest and do not have the authority to let them inside without the homeowner’s permission.

From <https://www.aclu.org/know-your-rights/stopped-by-police>

I’ve been arrested by the police

How to prepare for possible arrest

  • Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Your rights

  • Say you wish to remain silent and ask for a lawyer immediately. Don’t answer any questions or give any explanations or excuses. If you can’t pay for a lawyer, you have the right to a free one. Don’t say anything, sign anything or make any decisions without a lawyer.
  • You have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often will listen to a call made to anyone else.

How to reduce risk to yourself

  • Do not resist arrest, even if you believe the arrest is unfair. Follow the officers’ commands.

When your rights have been violated

  • Write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

What you can do if you think you’re witnessing police abuse or brutality

  • Stand at a safe distance and, if possible, use your phone to record video of what is happening. As long as you do not interfere with what the officers are doing and do not stand close enough to obstruct their movements, you have the right to observe and record events that are plainly visible in public spaces.
  • Do not try to hide the fact that you are recording. Police officers do not have a reasonable expectation of privacy when performing their jobs, but the people they are interacting with may have privacy rights that would require you to notify them of the recording. In many states (see here) you must affirmatively make people aware that you are recording them.
  • Police officers may not confiscate or demand to view your photographs or video without a warrant, and they may not delete your photographs or video under any circumstances. If an officer orders you to stop recording or orders you to hand over your phone, you should politely but firmly tell the officer that you do not consent to doing so, and remind the officer that taking photographs or video is your right under the First Amendment. Be aware that some officers may arrest you for refusing to comply even though their orders are illegal. The arrest would be unlawful, but you will need to weigh the personal risks of arrest (including the risk that officer may search you upon arrest) against the value of continuing to record.
  • Whether or not you are able to record everything, make sure to write down everything you remember, including officers’ badge and patrol car numbers, which agency the officers were from, how many officers were present and what their names were, any use of weapons (including less-lethal weapons such as Tasers or batons), and any injuries suffered by the person stopped. If you are able to speak to the person stopped by police after the police leave, they may find your contact information helpful in case they decide to file a complaint or pursue a lawsuit against the officers.

Additional resources

If you need more information, contact your local ACLU affiliate.

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The police violated my rights

  • When you can, write down everything you remember, including the officers’ badge and patrol car numbers and the agency they work for.
  • Get contact information for witnesses.
  • If you’re injured, seek medical attention immediately and take photographs of your injuries.
  • File a written complaint with the agency’s internal affairs division or civilian complaint board.

From <https://www.aclu.org/know-your-rights/stopped-by-police>

Revised DOJ Regs Protect “Members of the News Media,” But What Does That Mean?

Submitted by Jeff Hermes on

On February 21, 2014, the U.S. Department of Justice released its long-awaited revisions to 28 C.F.R. § 50.10, the DOJ’s regulatory guidelines (the “Guidelines”) regarding investigations and prosecutions of members of the news media. The prior version of the Guidelines came under fire last year, when it was revealed that the DOJ had, without prior notification, obtained two months of telephone records from 21 phone lines used by the Associated Press. These records had the potential to reveal confidential sources and other sensitive information relating to ongoing journalistic investigations. At that time, I wrote about weaknesses in the Guidelines’ protections against unwarranted interference with journalism.

In the wake of these revelations, the DOJ announced that it would revise the Guidelines to provide significant new procedural protections for the press. I’ll let others review the provisions of the new Guidelines in detail; for now, I want to point out one critical omission. Although the Guidelines extend certain protections to “members of the news media,” they (like the prior version) still contain no affirmative definition of that term.

Instead, the only way in which “members of the news media” are defined is through exclusions. A number of these exclusions (predictably) relate to persons acting as agents of a foreign power, plotting terrorist activity, et cetera. More problematic are the implications of the following provision:

A Deputy Assistant Attorney General for the Criminal Division may authorize, under an applicable [Privacy Protection Act] exception, an application for a warrant to search the premises, property, or communications records of an individual other than a member the news media, but who is reasonably believed to have “a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication.”

28 C.F.R. § 50.10(d)(6). The phrase “person reasonably believed to have a purpose to disseminate to the public a newspaper, book, broadcast, or other similar form of public communication” is how a journalist is defined in the Privacy Protection Act of 1980. The Privacy Protection Act was passed in response to concerns about the use of search warrants to invade newsrooms, and the inadequacy of Fourth Amendment standards for issuing warrants in the face of the special concerns raised by government investigations of journalists. Wisely, the Privacy Protection Act did not attempt to define journalists in terms of their organization or employment, but instead in terms of their function; this has enabled the Act to be flexible in responses to changes in technology and the journalism industry.

We still do not know what “members of the news media” means in the new DOJ Guidelines, but (by the way the above provision is phrased) we know that it is more restrictive than the functional definition of the Privacy Protection Act. This should give independent journalists significant pause. When government agencies attempt to define a journalist, they tend to adopt either an employment-based approach or a functional approach; the DOJ now seems to be eschewing a functional definition (or at least one as broad as in the Privacy Protection Act).

Moreover, apart from the single provision quoted above, the new Guidelines do not protect anyone who is not a “member of the news media”; in particular, they do not protect against the use of legal demands to third party carriers for communications records. This leaves journalists unaffiliated with a news organization on potentially unstable ground with respect to the security of their communications against secret government inquiries.

Jeff Hermes is the Director of the Digital Media Law Project.

(Image courtesy of Flickr user Peter Eimon pursuant to a Creative Commons CC BY-NC-SA 2.0 license.)

Ohio Revised Code on Recording Individuals/People in Public

2933.51 Wiretapping, electronic surveillance definitions.

As used in sections 2933.51 to 2933.66 of the Revised Code:

(A) “Wire communication” means an aural transfer that is made in whole or in part through the use of facilities for the transmission of communications by the aid of wires or similar methods of connecting the point of origin of the communication and the point of reception of the communication, including the use of a method of connecting the point of origin and the point of reception of the communication in a switching station, if the facilities are furnished or operated by a person engaged in providing or operating the facilities for the transmission of communications. “Wire communication” includes an electronic storage of a wire communication.

(B) “Oral communication” means an oral communication uttered by a person exhibiting an expectation that the communication is not subject to interception under circumstances justifying that expectation. “Oral communication” does not include an electronic communication.

(C) “Intercept” means the aural or other acquisition of the contents of any wire, oral, or electronic communication through the use of an interception device.

(D) “Interception device” means an electronic, mechanical, or other device or apparatus that can be used to intercept a wire, oral, or electronic communication. “Interception device” does not mean any of the following:

(1) A telephone or telegraph instrument, equipment, or facility, or any of its components, if the instrument, equipment, facility, or component is any of the following:

(a) Furnished to the subscriber or user by a provider of wire or electronic communication service in the ordinary course of its business and being used by the subscriber or user in the ordinary course of its business;

(b) Furnished by a subscriber or user for connection to the facilities of a provider of wire or electronic communication service and used in the ordinary course of that subscriber’s or user’s business;

(c) Being used by a provider of wire or electronic communication service in the ordinary course of its business or by an investigative or law enforcement officer in the ordinary course of the officer’s duties that do not involve the interception of wire, oral, or electronic communications.

(2) A hearing aid or similar device being used to correct subnormal hearing to not better than normal.

(E) “Investigative officer” means any of the following:

(1) An officer of this state or a political subdivision of this state, who is empowered by law to conduct investigations or to make arrests for a designated offense;

(2) A person described in divisions (A)(11)(a) and (b) of section 2901.01 of the Revised Code;

(3) An attorney authorized by law to prosecute or participate in the prosecution of a designated offense;

(4) A secret service officer appointed pursuant to section 309.07 of the Revised Code;

(5) An officer of the United States, a state, or a political subdivision of a state who is authorized to conduct investigations pursuant to the “Electronic Communications Privacy Act of 1986,” 100 Stat. 1848-1857, 18 U.S.C. 2510 – 2521(1986), as amended.

(F) “Interception warrant” means a court order that authorizes the interception of wire, oral, or electronic communications and that is issued pursuant to sections 2933.53 to 2933.56 of the Revised Code.

(G) “Contents,” when used with respect to a wire, oral, or electronic communication, includes any information concerning the substance, purport, or meaning of the communication.

(H) “Communications common carrier” means a person who is engaged as a common carrier for hire in intrastate, interstate, or foreign communications by wire, radio, or radio transmission of energy. “Communications common carrier” does not include, to the extent that the person is engaged in radio broadcasting, a person engaged in radio broadcasting.

(I) “Designated offense” means any of the following:

(1) A felony violation of section 1315.53, 1315.55, 2903.01, 2903.02, 2903.11, 2905.01, 2905.02, 2905.11, 2905.22, 2905.32, 2907.02, 2907.21, 2907.22, 2909.02, 2909.03, 2909.04, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.04, 2913.42, 2913.51, 2915.02, 2915.03, 2917.01, 2917.02, 2921.02, 2921.03, 2921.04, 2921.32, 2921.34, 2923.20, 2923.32, 2925.03, 2925.04, 2925.05, or 2925.06 or of division (B) of section 2915.05 or of division (E) or (G) of section 3772.99 of the Revised Code;

(2) A violation of section 2919.23 of the Revised Code that, had it occurred prior to July 1, 1996, would have been a violation of section 2905.04 of the Revised Code as it existed prior to that date;

(3) A felony violation of section 2925.11 of the Revised Code that is not a minor drug possession offense, as defined in section 2925.01 of the Revised Code;

(4) Complicity in the commission of a felony violation of a section listed in division (I)(1), (2), or (3) of this section;

(5) An attempt to commit, or conspiracy in the commission of, a felony violation of a section listed in division (I)(1), (2), or (3) of this section, if the attempt or conspiracy is punishable by a term of imprisonment of more than one year.

(J) “Aggrieved person” means a person who was a party to an intercepted wire, oral, or electronic communication or a person against whom the interception of the communication was directed.

(K) “Person” means a person, as defined in section 1.59 of the Revised Code, or a governmental officer, employee, or entity.

(L) “Special need” means a showing that a licensed physician, licensed practicing psychologist, attorney, practicing cleric, journalist, or either spouse is personally engaging in continuing criminal activity, was engaged in continuing criminal activity over a period of time, or is committing, has committed, or is about to commit, a designated offense, or a showing that specified public facilities are being regularly used by someone who is personally engaging in continuing criminal activity, was engaged in continuing criminal activity over a period of time, or is committing, has committed, or is about to commit, a designated offense.

(M) “Journalist” means a person engaged in, connected with, or employed by, any news media, including a newspaper, magazine, press association, news agency, or wire service, a radio or television station, or a similar media, for the purpose of gathering, processing, transmitting, compiling, editing, or disseminating news for the general public.

(N) “Electronic communication” means a transfer of a sign, signal, writing, image, sound, datum, or intelligence of any nature that is transmitted in whole or in part by a wire, radio, electromagnetic, photoelectronic, or photo-optical system. “Electronic communication” does not mean any of the following:

(1) A wire or oral communication;

(2) A communication made through a tone-only paging device;

(3) A communication from an electronic or mechanical tracking device that permits the tracking of the movement of a person or object.

(O) “User” means a person or entity that uses an electronic communication service and is duly authorized by the provider of the service to engage in the use of the electronic communication service.

(P) “Electronic communications system” means a wire, radio, electromagnetic, photoelectronic, or photo-optical facility for the transmission of electronic communications, and a computer facility or related electronic equipment for the electronic storage of electronic communications.

(Q) “Electronic communication service” means a service that provides to users of the service the ability to send or receive wire or electronic communications.

(R) “Readily accessible to the general public” means, with respect to a radio communication, that the communication is none of the following:

(1) Scrambled or encrypted;

(2) Transmitted using a modulation technique, the essential parameters of which have been withheld from the public with the intention of preserving the privacy of the communication;

(3) Carried on a subcarrier or other signal subsidiary to a radio transmission;

(4) Transmitted over a communications system provided by a communications common carrier, unless the communication is a tone-only paging system communication;

(5) Transmitted on a frequency allocated under part 25, subpart D, E, or F of part 74, or part 94 of the Rules of the Federal Communications Commission, as those provisions existed on July 1, 1996, unless, in the case of a communication transmitted on a frequency allocated under part 74 that is not exclusively allocated to broadcast auxiliary services, the communication is a two-way voice communication by radio.

(S) “Electronic storage” means a temporary, intermediate storage of a wire or electronic communication that is incidental to the electronic transmission of the communication, and a storage of a wire or electronic communication by an electronic communication service for the purpose of backup protection of the communication.

(T) “Aural transfer” means a transfer containing the human voice at a point between and including the point of origin and the point of reception.

(U) “Pen register” means a device that records or decodes electronic impulses that identify the numbers dialed, pulsed, or otherwise transmitted on telephone lines to which the device is attached.

(V) “Trap and trace device” means a device that captures the incoming electronic or other impulses that identify the originating number of an instrument or device from which a wire communication or electronic communication was transmitted but that does not intercept the contents of the wire communication or electronic communication.

(W) “Judge of a court of common pleas” means a judge of that court who is elected or appointed as a judge of general jurisdiction or as a judge who exercises both general jurisdiction and probate, domestic relations, or juvenile jurisdiction. “Judge of a court of common pleas” does not mean a judge of that court who is elected or appointed specifically as a probate, domestic relations, or juvenile judge.

Amended by 129th General AssemblyFile No.126, HB 386, §1, eff. 6/11/2012.

Amended by 128th General AssemblyFile No.58, SB 235, §1, eff. 3/24/2011.

Effective Date: 05-15-2002; 04-14-2006

Ohio Laws on the Use of Persona

Chapter 2741: RIGHT OF PUBLICITY IN INDIVIDUAL’S PERSONA

2741.01 Right of publicity in individual’s persona definitions.

As used in this chapter:

(A) “Persona” means an individual’s name, voice, signature, photograph, image, likeness, or distinctive appearance, if any of these aspects have commercial value.

(B) “Commercial purpose” means the use of or reference to an aspect of an individual’s persona in any of the following manners:

(1) On or in connection with a place, product, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;

(2) For advertising or soliciting the purchase of products, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;

(3) For the purpose of promoting travel to a place;

(4) For the purpose of fundraising.

(C) “Name” means the actual, assumed, or clearly identifiable name of or reference to a living or deceased individual that identifies the individual.

(D) “Right of publicity” means the property right in an individual’s persona to use the individual’s persona for a commercial purpose.

(E) “Trier of fact” means the jury or, in a nonjury action, the court.

(F) “Written consent” includes written, electronic, digital, or any other verifiable means of authorization.

(G) “Institution of higher education” means a state institution of higher education as defined in section 3345.011 of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code, or a school located in this state that possesses a certificate of registration and one or more program authorizations issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.

Effective Date: 04-03-2003 .

2741.02 Using individual’s persona for commercial purpose without authorization.

(A) Except as otherwise provided in this section, a person shall not use any aspect of an individual’s persona for a commercial purpose :

(1) During the individual’s lifetime ;

(2) For a period of sixty years after the date of the individual’s death; or

(3) For a period of ten years after the date of death of a deceased member of the Ohio national guard or the armed forces of the United States.

(B) A person may use an individual’s persona for a commercial purpose during the individual’s lifetime if the person first obtains the written consent to use the individual’s persona from a person specified in section 2741.05 of the Revised Code. If an individual whose persona is at issue has died, a person may use the individual’s persona for a commercial purpose if either of the following applies:

(1) The person first obtains the written consent to use the individual’s persona from a person specified in section 2741.05 of the Revised Code who owns the individual’s right of publicity.

(2) The name of the individual whose persona is used was the name of a business entity or a trade name at the time of the individual’s death.

(C) Subject to the terms of any agreement between a person specified in section 2741.05 of the Revised Code and a person to whom that person grants consent to use an individual’s right of publicity, a consent obtained before the death of an individual whose persona is at issue remains valid after the individual’s death.

(D) For purposes of this section:

(1) A use of an aspect of an individual’s persona in connection with any news, public affairs, sports broadcast, or account does not constitute a use for which consent is required under division (A) of this section.

(2) A use of an aspect of an individual’s persona in connection with any political campaign and in compliance with Title XXXV of the Revised Code does not constitute a use for which consent is required under division (A) of this section.

(E) The owners or employees of any medium used for advertising, including but not limited to, a newspaper, magazine, radio or television network or station, cable television system, billboard, transit ad, and global communications network, by whom any advertisement or solicitation in violation of this section is published or disseminated are not liable under this section or section 2741.07 of the Revised Code unless it is established that those owners or employees had knowledge of the unauthorized use of the persona as prohibited by this section.

Effective Date: 11-22-1999; 2008 SB248 04-07-2009 .

2741.03 Application to residents of this state.

Except as otherwise provided in section 2741.09 of the Revised Code, this chapter applies only to the following:

(A) The right of publicity in the persona of an individual whose domicile or residence is in this state on or after the effective date of this section;

(B) The right of publicity in the persona of an individual who died on or after January 1, 1998, and whose domicile or residence was in this state on the date of the individual’s death.

Effective Date: 11-22-1999 .

2741.04 Right of publicity in individual’s persona is freely transferable and descendible.

The right of publicity in an individual’s persona is freely transferable and descendible, in whole or in part, by any of the following means:

(A) Contract;

(B) License;

(C) Gift;

(D) Trust;

(E) Will;

(F) Operation of the laws of intestate succession applicable to the state administering the majority of the real and personal property of an individual who died intestate, regardless of whether that state recognizes the right of publicity as a property right.

Effective Date: 11-22-1999 .

2741.05 Granting consent for commercial use.

(A) Except as otherwise expressly provided in an agreement transferring an aspect of an individual’s right of publicity, only the following persons may grant consent to use an individual’s persona for a commercial purpose:

(1) A person or persons, including the individual whose right of publicity is at issue, who collectively own more than fifty per cent of the individual’s right of publicity, subject to the terms of any other licenses regarding that right of publicity;

(2) A person, including a licensee of the individual’s right of publicity, who is expressly authorized in writing to grant consent by a person or persons specified in division (A)(1) of this section.

(B) A person or persons specified in division (A) of this section may do one or both of the following:

(1) Grant a person or persons consent to use all or part of an individual’s right of publicity for a commercial purpose;

(2) Limit, restrict, or place conditions on how a person or persons to whom consent is granted pursuant to this section may use an individual’s right of publicity.

Effective Date: 11-22-1999 .

2741.06 Civil action to enforce publicity right.

(A) The following persons may bring a civil action to enforce the rights set forth in this chapter:

(1) A person or persons, including an individual whose right of publicity is at issue, who collectively own all of an individual’s right of publicity, subject to any licenses regarding that right of publicity;

(2) A person, including a licensee of an individual’s right of publicity, who is expressly authorized in writing by the owner or owners of an individual’s right of publicity to bring a civil action;

(3) Except as otherwise expressly provided in an agreement transferring an aspect of an individual’s right of publicity and subject to division (C) of this section, a person to whom ownership or any portion of ownership of an individual’s right of publicity has been transferred.

(B) Before bringing a civil action under this section, a person who owns less than all of an individual’s right of publicity shall notify the individual whose right of publicity is the subject of the proposed action, if living, by regular mail addressed to the last known address of that individual. The person also shall notify any persons to whom the individual’s right of publicity has been transferred of the proposed civil action by the following means:

(1) Regular mail addressed to the last known address of each transferee;

(2) If the address of the transferee is not known, publication in a newspaper of general circulation in the county in which the individual whose right of publicity is the subject of the proposed civil action resides, or, in the case of a deceased individual, in the county in which the individual’s estate has been or would have been admitted to probate.

(C) The individual whose right of publicity is the subject of the proposed civil action brought under this section, and any person to whom ownership of that right of publicity has been transferred, may object to the proposed civil action within twenty days from the date of the mailing of the notice referred to in division (B) of this section or sixty days from the date of publication referred to in that division by giving written notice of the objection to the person proposing the civil action. If the individual or transferee does not object to the civil action within the time period specified in this division, the individual or transferee is forever barred from objecting to that action.

A person may not bring a civil action under this section if a person or persons, including the individual whose right of publicity is the subject of the proposed civil action, who collectively own more than fifty per cent of the individual’s right of publicity object to the proposed civil action.

(D) A person, other than a licensee of an individual’s right of publicity, who owns less than all of an individual’s right of publicity and who brings a civil action under this chapter shall account to any other person owning an interest in that right of publicity to the extent of the other person’s interest with respect to any net recovery in a civil action less the person’s costs of collection and reasonable attorney’s fees.

Effective Date: 11-22-1999 .

2741.07 Damages in civil action to enforce publicity right.

(A)

(1) A person who violates section 2741.02 of the Revised Code is liable in a civil action to the person injured by the violation for the following:

(a) Actual damages, including any profits derived from and attributable to the unauthorized use of an individual’s persona for a commercial purpose as determined under division (A)(2) of this section;

(b) At the election of the plaintiff and in lieu of actual damages, statutory damages in the amount of at least two thousand five hundred dollars and not more than ten thousand dollars, as determined in the discretion of the trier of fact, taking into account the willfulness of the violation, the harm to the persona in question, and the ability of the defendant to pay a civil damage award;

(c) If applicable pursuant to section 2315.21 of the Revised Code, punitive or exemplary damages.

(2) The trier of fact shall include any profits derived from and attributable to the unauthorized use of an individual’s persona for a commercial purpose in calculating the award of actual damages under division (A)(1)(a) of this section.

(B) Each party has the right to a jury trial of an action under this section. To assert the right, a party shall demand a jury trial in the manner prescribed in the Rules of Civil Procedure. If a party demands a jury trial in that manner, the action shall be tried to a jury.

(C) An action under this section shall be brought within four years of a violation of section 2741.02 of the Revised Code.

(D) A court in which an action under this section is brought may do any of the following:

(1) Award the prevailing party reasonable attorney’s fees, court costs, and reasonable expenses associated with the civil action;

(2) Award treble damages against a party identified in division (E) of section 2741.02 of the Revised Code who has knowledge of the unauthorized use of the persona as prohibited by section 2741.02 of the Revised Code;

(3) Order temporary or permanent injunctive relief;

(4) Order the impoundment, on terms the court considers reasonable, of both of the following during the pendency of a civil action under this section:

(a) Products, merchandise, goods, or other materials alleged to have been made or used in violation of section 2741.02 of the Revised Code;

(b) Plates, molds, and matrices, or the specific violative portions of masters, tapes, negatives, digital recordings, electronic media, or other items, from which products, merchandise, goods, or other materials may be manufactured or reproduced.

(E) As part of a final judgment, a court may order the destruction or other reasonable disposition of items described in division (D)(4) of this section.

Effective Date: 11-22-1999 .

2741.08 Additional remedies.

The remedies provided for in this chapter are in addition to any other remedies provided for by state or federal statute or common law.

Effective Date: 11-22-1999 .

2741.09 Exceptions.

(A) This chapter does not apply to any of the following:

(1)

(a) A literary work, dramatic work, fictional work, historical work, audiovisual work, or musical work regardless of the media in which the work appears or is transmitted, other than an advertisement or commercial announcement not exempt under division (A)(1)(d) of this section;

(b) Material that has political or newsworthy value;

(c) Original works of fine art;

(d) An advertisement or commercial announcement for a use permitted by division (A)(1)(a), (b), or (c) of this section.

(2) The use of an individual’s name to truthfully identify the individual as the author of or contributor to a written work or the performer of a recorded performance under circumstances in which the written work or the recorded performance is otherwise lawfully reproduced, exhibited, or broadcast;

(3) The use of an aspect of an individual’s persona in connection with the broadcast or reporting of an event or topic of general or public interest;

(4) The use of the persona of an individual solely in the individual’s role as a member of the public if the individual is not named or otherwise singled out as an individual;

(5) A use of an individual’s persona by an institution of higher education if all of the following apply:

(a) The individual is or was a student at, or a member of the faculty or staff of, the institution of higher education.

(b) The use of the individual’s persona is for educational purposes or for the promotion of the institution of higher education and its educational or institutional objectives.

(6) A use of the persona of an individual that is protected by the First Amendment to the United States Constitution as long as the use does not convey or reasonably suggest endorsement by the individual whose persona is at issue.

(B) This chapter does not affect rights or privileges recognized under the Ohio Constitution or United States Constitution.

Effective Date: 11-22-1999 .

2741.99 Penalty for violation of RC 2741.02(A)(3).

Whoever violates division (A)(3) of section 2741.02 of the Revised Code is guilty of a misdemeanor of the first degree. A criminal penalty imposed under this section is cumulative to a civil remedy under Chapter 2741. of the Revised Code.

Effective Date: 2008 SB248 04-07-2009 .