Publicity rights; authorize for persons whose images are used to sell products.
Impact
The legislation also addresses deceased personalities and stipulates that heirs are entitled to compensation should their name, voice, or likeness be used without consent posthumously. This means that children of deceased individuals have the right to claim damages if their parent's likeness or attributes are used in a commercial context without prior consent. The act will apply retroactively, acknowledging rights for deceased personalities who have died up to 70 years prior to the act's effective date. Violations could lead to substantial financial consequences for those who exploit these rights.
Summary
House Bill 1654 aims to establish the rights of individuals regarding the commercial use of their name, voice, signature, photograph, and likeness. The bill mandates that any person who knowingly utilizes another individual's attributes for advertising or sale must obtain the individual's consent prior to such use. If these rights are violated, the responsible party can be liable for damages, including a minimum monetary compensation and any profits gained from the unauthorized use. Additionally, the bill requires that the individual must be readily identifiable in order to receive compensation.
Contention
Points of contention surrounding the bill largely revolve around the implications for businesses and media entities. Critics raise concerns over the potential financial burden that compliance with the law may impose on content creators, such as filmmakers, advertisers, and social media influencers. The bill’s definition of when consent is required may lead to increased litigation and confusion around the liability of businesses using likenesses in promotional content. Additionally, there is uncertainty regarding the registration process for successors to the rights of deceased personalities, which may pose challenges for the heirs in the administration of these rights.
Relates to the right of publicity; amends the definitions of "deceased performer", "deceased personality" and "digital replica" in relation to the right of publicity; relates to the use of a deceased performer's digital replica without authorization by the applicable right holder.
Relates to the right of publicity; amends the definitions of "deceased performer", "deceased personality" and "digital replica" in relation to the right of publicity; relates to the use of a deceased performer's digital replica without authorization by the applicable right holder.
Clarifies the right of publicity including the definitions of who and what qualifies as a digital replica; provides guidance as to digital replicas that do not violate an individual or deceased individual's right to publicity; expands the statute of limitations for an action brought for violating an individual's right to publicity.