A plaintiff, who establishes by a preponderance of the evidence that his or her right of publicity has been violated, shall be eligible to receive the following damages, remedies, and relief:
(1) Monetary relief. The measure of damages shall be:
a. Statutory damages in the amount of five thousand dollars ($5,000) per an action or compensatory damages, including the defendant’s profits derived from such use. The plaintiff, within a reasonable time after the close of discovery, shall elect whether to claim statutory damages or to instead receive such monetary relief as the fact finder may independently determine to award in accordance with this section.
b. Any other damages available under Alabama law, including punitive damages. An election of statutory damages does not preclude the recovery of punitive damages if such damages are available under Alabama law.
(2) Injunctive relief. A violation of this article is deemed to constitute a rebuttable presumption of irreparable harm for the purposes of injunctive relief.
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