HB 5964 Summary

• Establishes a "Right of Publicity Act" creating a property right for individuals to control commercial use of their name, voice, signature, image, or likeness during their lifetime and for 50 years after death.

• Right of publicity is freely transferable through contract, license, gift, trust, will, or intestate succession, with registration requirements for transferees beginning April 1, 2011.

• Prohibits unauthorized commercial use of a personality's attributes without consent, with exceptions for news reporting, entertainment works, video games, original art, and nominative uses that do not falsely suggest endorsement.

• Provides civil remedies including actual damages (minimum $1,000), profits from unauthorized use, treble damages in egregious cases, and attorney fees; only those owning more than 50% of the right may bring suit.

• Requires Secretary of State to maintain a public online registry of right of publicity transfers by April 1, 2011, and creates a misdemeanor offense for fraudulent registration.