Preventing an individual’s image and voice from exploitation
Impact
If enacted, H1615 would redefine protections under state law for individuals concerning the use of their likeness and voice. It would establish that such personal attributes are considered personal property and intellectual property. This shift could significantly impact advertising practices and industries reliant on the use of personal representation. It would also clarify legal recourse for individuals, enabling them to protect their identity from unauthorized commercial exploitation, which is particularly vital in an era of digital technology where misappropriation can be rampant.
Summary
House Bill H1615, presented by Rep. Tackey Chan, aims to prevent the unauthorized exploitation of individuals' images and voices. This bill amends Chapter 214 of the General Laws in Massachusetts, particularly section 3A, focusing on the rights of individuals regarding their likeness and voice. Under the proposed law, individuals whose image or voice is used for advertising or trade purposes without consent would have the right to initiate a civil action against the infringing parties in superior court. The bill envisions substantial protections for personal representation by allowing individuals to sue for damages, with the potential for triple damages if willful infringement is proven.
Contention
While the bill has garnered support from advocates for individual rights and privacy, it could also lead to potential contention among various stakeholders, particularly in the advertising and entertainment industries. Critics may argue that the law could have unintended consequences on creative freedom and the use of likenesses in artistic and commercial expressions. There may also be concerns regarding the balance between protecting personal rights and allowing for fair uses that benefit the broader public, especially in fields such as news media and artistic representation.