The bill explicitly prohibits any unauthorized use of an individual’s persona for commercial purposes, fundraising, or situations that misrepresent the individual, unless the individual or their authorized representative has provided prior written consent. This provision aims to empower individuals, ensuring their persona is used in a manner that aligns with their wishes, even beyond their lifetime. Massachusetts courts would have the authority to enforce this right and provide remedies, such as damages or injunctions, for violations.
Summary
House Bill 1751, an act concerning the right of publicity, seeks to establish and protect the property rights associated with an individual's persona, which includes their name, likeness, and other distinguishing features. Under this bill, every individual is endowed with a transferable and assignable right of publicity that persists even after their death, allowing heirs to control the commercial use of their persona. This is significant as it formalizes considerations for individuals wishing to protect their personal image from unauthorized exploitation for commercial gain.
Conclusion
Moreover, the bill introduces a streamlined process for civil actions, requiring notifications among parties with ownership interests in the publicity rights. This procedural aspect aims to ensure transparency and fairness. Overall, H1751 represents a proactive step toward safeguarding individual rights in an increasingly digital and commercialized society, addressing the need for clarity in the usage of personal identities within the realm of commerce and media.
Contention
One point of contention surrounding H1751 involves the balance between protecting individual rights and allowing for artistic expression and public discourse. The bill exempts certain uses, like bona fide news reporting and artistic portrayals, from its restrictions. However, critics may argue that these exceptions could lead to ambiguity over what constitutes 'public interest' or 'artistic expression,' potentially leaving room for misinterpretation or misuse of an individual's persona without adequate consent.