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MN HF3994

Bill

Status

Introduced

5/9/2016

Primary Sponsor

Joe Hoppe

Click for details

Origin

House of Representatives

89th Legislature 2015-2016

AI Summary

  • Creates a civil cause of action for unauthorized use of an individual's or deceased person's name, voice, signature, photograph, or likeness on products, merchandise, or for advertising purposes without prior consent.

  • Requires prior consent from the individual, parent/guardian for minors, or personal representative/heirs for deceased individuals; rights may be assigned or licensed and can extend beyond the individual's lifetime.

  • Provides remedies including actual damages, profits earned from unauthorized use, punitive damages, injunctive relief, and reasonable attorneys' fees and costs for prevailing parties.

  • Allows deceased individuals' right of publicity to descend to heirs for a minimum of 50 years after death, extendable to 100 years if actively maintained; rights are abandoned after two consecutive years of non-use following the initial 50-year period.

  • Exempts news reporting, sports broadcasting, commentary, plays, books, films, musical works, and other creative works from liability unless used as advertisement or endorsement; media publications are immune unless they had knowledge of unauthorized use.

Legislative Description

Property right recognized in a person's name, voice, signature, photograph, or likeness; unauthorized use prohibited; and remedies provided.

Last Action

Joint rule 2.03, Deadlines, re-referred to Rules and Legislative Administration

5/12/2016

Committee Referrals

Rules and Legislative Administration5/12/2016
Civil Law and Data Practices Policy5/9/2016

Full Bill Text

No bill text available