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MS SB2778
Bill
Status
3/14/2024
Primary Sponsor
Bradford Blackmon
Click for details
AI Summary
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Establishes that every individual has a property right in their own name, likeness, and voice, with these rights being transferable and inheritable for ten years after death, then terminable after two years of non-use or upon death of all heirs.
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Creates liability of $50,000 per violation for distributing personalized cloning services without consent, and $5,000 per violation for publishing digital voice replicas or digital depictions without authorization, plus actual damages and profits attributable to unauthorized use.
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Requires written consent from counsel and written agreement for use of digital depictions or voice replicas in advertisements or expressive works, with different requirements for minors (court approval needed).
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Provides First Amendment defense framework that balances public interest against intellectual property rights, considering factors such as whether use is commercial, fleeting, or necessary to the work's primary purpose.
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Establishes four-year statute of limitations for civil actions and exempts student-athletes from the act's provisions while they are enrolled, though protections apply once they cease being student-athletes.
Legislative Description
Mississippians' Right to Name, Likeness and Voice Act; enact.
Last Action
Died On Calendar
3/14/2024