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MS HB1654

Bill

Status

Failed

3/5/2024

Primary Sponsor

Joey Hood

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary A2/19/2024

Full Bill Text

No bill text available