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MS HB1654
Bill
Status
3/5/2024
Primary Sponsor
Joey Hood
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AI Summary
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Prohibits unauthorized use of a living person's name, voice, signature, photograph, or likeness for advertising or selling products without prior consent, with minimum damages of $750 or actual damages plus profits, whichever is greater.
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Requires injured parties to prove only gross revenue from unauthorized use; violators must prove deductible expenses; allows punitive damages and attorney's fees to prevailing parties.
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Defines "readily identifiable" photographs as those where viewers can reasonably determine the person depicted; excludes uses in news, public affairs, sports broadcasts, and political campaigns from consent requirements.
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Extends rights to deceased personalities' names, voices, signatures, and likenesses, with consent requirements passing to surviving spouses, children, and grandchildren according to a specified inheritance hierarchy.
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Establishes a registration system with the Mississippi Secretary of State for successors claiming rights to deceased personalities; limits actions to 70 years after death; exempts media owners and employees from liability unless they had knowledge of unauthorized use.
Legislative Description
Publicity rights; authorize for persons whose images are used to sell products.
Last Action
Died In Committee
3/5/2024