Amends TCA Title 39, Chapter 14, Part 1 and Title 47.
This bill replaces the "Personal Rights Protection Act of 1984" with a new act to be known as the "Ensuring Likeness, Voice, and Image Security Act of 2024," as described below.<br /> <br /> PROPERTY RIGHT IN USE OF NAME, PHOTOGRAPH, VOICE, AND LIKENESS<br /> <br /> Present law provides that every individual has a property right in the use of that person's name, photograph, or likeness in any medium in any manner. This bill adds to the present law by providing that an individual also has a property right in the use of that individual's voice.<br /> <br /> EXCLUSIVITY AND DURATION OF RIGHT<br /> <br /> Present law provides that the property rights provided for in the above provision are deemed exclusive to the individual, subject to the assignment or licensing of such rights, during such individual's lifetime and to the executors, heirs, assigns, or devisees for a period of 10 years after the death of the individual.<br /> <br /> Present law requires commercial exploitation of the property right by any executor, assignee, heir, or devisee if the individual is deceased to maintain the right as the exclusive property of the executor, assignee, heir, or devisee until such right is terminated as provided in the provision below.<br /> <br /> Present law provides that the exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, likeness, or image of any individual for commercial purposes by an executor, assignee, heir, or devisee to such use for a period of two years subsequent to the initial 10-year period following the individual's death. This bill changes this provision by replacing the word "image" with the word "photograph". Additionally, this bill adds to the present law by providing that the property rights are also terminated by proof of non-use of the individual's voice for commercial purposes by an executor, assignee, heir, or devisee for a period of two years subsequent to the initial period of 10 years following the individual's death.<br /> <br /> UNAUTHORIZED USE PROHIBITED<br /> <br /> Present law provides that any person who knowingly uses or infringes upon the use of another individual's name, photograph, or likeness in any medium, in any manner directed to any person other than such individual, as an item of commerce for purposes of advertising products, merchandise, goods, or services, or for purposes of fund raising, solicitation of donations, purchases of products, merchandise, goods, or services, without such individual's prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs, or devisees of such deceased individual, is liable to a civil action.<br /> <br /> This bill adds to the present law by providing that any person who knowingly uses or infringes upon the use of an individual's voice, in any manner directed to any person other than such individual, for purposes of advertising products, merchandise, goods, or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services, without such individual's prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs, or devisees of such deceased individual, is also liable to a civil action.<br /> <br /> This bill provides that a person is liable to a civil action if the person publishes, performs, distributes, transmits, or otherwise makes available to the public an individual's voice or likeness, with knowledge that use of the voice or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.<br /> <br /> This bill also provides that a person is liable to a civil action if the person distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of which is the production of an individual's photograph, voice, or likeness without authorization from the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.<br /> <br /> REMEDIES<br /> <br /> Present law authorizes the chancery and circuit court having jurisdiction for any action arising pursuant to existing law to grant injunctions on such terms as it may deem reasonable to prevent or restrain the unauthorized use of an individual's name, photograph, or likeness. This bill adds to the present law by authorizing the chancery and circuit court having jurisdiction for any action arising pursuant to existing law to grant injunctions on such terms as it may deem reasonable to prevent or restrain the unauthorized use of an individual's voice.<br /> <br /> Additionally, this bill provides that where a person has entered into a contract for an individual's exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture an individual's audio performances, an action to enforce the rights set forth in present law may be brought by the person or the individual.<br /> <br /> EXEMPTIONS<br /> <br /> Present law provides it is deemed a fair use, and no violation of an individual's rights is found, if the use of a name, photograph, or likeness is in connection with any news, public affairs, or sports broadcast or account. This bill adds to the present law by providing that it is also deemed a fair use, and no violation of an individual's rights is found, if the use of a voice is in connection with any news, public affairs, or sports broadcast or account. This bill also adds to the present law by clarifying that it is deemed a fair use, and no violation of an individual's rights is found, if the use of a name, photograph, voice, or likeness is in connection with any news, public affairs, or sports broadcast or account, to the extent protected by the First Amendment to the U.S. Constitution.<br /> <br /> Present law prohibits the use of a name, photograph, or likeness in a commercial medium from constituting a use for purposes of advertising or solicitation solely because the material containing such use is commercially sponsored or contains paid advertising. Rather it must be a question of fact whether or not the use of the complainant individual's name, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for purposes of advertising or solicitation. This bill adds to the present law by also requiring that it be a question of fact whether or not the use of the complainant individual's voice was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for purposes of advertising or solicitation.<br /> <br /> Finally, present law prohibits the above provisions from applying to the owners or employees of any medium used for advertising who have published or disseminated any advertisement or solicitation in violation of the existing law, unless it is established that such owners or employees had knowledge of the unauthorized use of the individual's name, photograph, or likeness as prohibited by existing law. This bill changes this standard such that it applies to owners or employees who had knowledge, or reasonably should have known of the unauthorized use. This bill also applies the same standard to the unauthorized use of an individual's voice. <br /> <br /> ON MARCH 4, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2091, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to the bill:<br /> <br /> (1) Provides that a person is liable to a civil action if the person distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of such algorithm, software, tool, or other technology, service, or device is the production of a particular, identifiable individual's photograph, voice, or likeness, with knowledge that distributing, transmitting, or otherwise making available the photograph, voice, or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual; and<br /> <br /> (2) Revises the present law that provides that it is deemed a fair use and no violation of an individual's rights shall be found, for purposes of this part, if the use of a name, photograph, or likeness is in connection with any news, public affairs, or sports broadcast or account. This amendment replaces the present law and, instead, provides that to the extent such use is protected by the First Amendment to the U.S. Constitution, it is deemed a fair use and not a violation of an individual's right if the use of a name, photograph, voice, or likeness is:<br /> <br /> (A) In connection with any news, public affairs, or sports broadcast or account;<br /> <br /> (B) For purposes of comment, criticism, scholarship, satire, or parody;<br /> <br /> (C) A representation of the individual as the individual's self in an audiovisual work unless the audiovisual work containing the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated;<br /> <br /> (D) Fleeting or incidental; or<br /> <br /> (E) In an advertisement or commercial announcement for a work described in this (2).<br />
This bill replaces the "Personal Rights Protection Act of 1984" with a new act to be known as the "Ensuring Likeness, Voice, and Image Security Act of 2024," as described below.<br /> <br /> PROPERTY RIGHT IN USE OF NAME, PHOTOGRAPH, VOICE, AND LIKENESS<br /> <br /> Present law provides that every individual has a property right in the use of that person's name, photograph, or likeness in any medium in any manner. This bill adds to the present law by providing that an individual also has a property right in the use of that individual's voice.<br /> <br /> EXCLUSIVITY AND DURATION OF RIGHT<br /> <br /> Present law provides that the property rights provided for in the above provision are deemed exclusive to the individual, subject to the assignment or licensing of such rights, during such individual's lifetime and to the executors, heirs, assigns, or devisees for a period of 10 years after the death of the individual.<br /> <br /> Present law requires commercial exploitation of the property right by any executor, assignee, heir, or devisee if the individual is deceased to maintain the right as the exclusive property of the executor, assignee, heir, or devisee until such right is terminated as provided in the provision below.<br /> <br /> Present law provides that the exclusive right to commercial exploitation of the property rights is terminated by proof of the non-use of the name, likeness, or image of any individual for commercial purposes by an executor, assignee, heir, or devisee to such use for a period of two years subsequent to the initial 10-year period following the individual's death. This bill changes this provision by replacing the word "image" with the word "photograph". Additionally, this bill adds to the present law by providing that the property rights are also terminated by proof of non-use of the individual's voice for commercial purposes by an executor, assignee, heir, or devisee for a period of two years subsequent to the initial period of 10 years following the individual's death.<br /> <br /> UNAUTHORIZED USE PROHIBITED<br /> <br /> Present law provides that any person who knowingly uses or infringes upon the use of another individual's name, photograph, or likeness in any medium, in any manner directed to any person other than such individual, as an item of commerce for purposes of advertising products, merchandise, goods, or services, or for purposes of fund raising, solicitation of donations, purchases of products, merchandise, goods, or services, without such individual's prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs, or devisees of such deceased individual, is liable to a civil action.<br /> <br /> This bill adds to the present law by providing that any person who knowingly uses or infringes upon the use of an individual's voice, in any manner directed to any person other than such individual, for purposes of advertising products, merchandise, goods, or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services, without such individual's prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs, or devisees of such deceased individual, is also liable to a civil action.<br /> <br /> This bill provides that a person is liable to a civil action if the person publishes, performs, distributes, transmits, or otherwise makes available to the public an individual's voice or likeness, with knowledge that use of the voice or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.<br /> <br /> This bill also provides that a person is liable to a civil action if the person distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of which is the production of an individual's photograph, voice, or likeness without authorization from the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.<br /> <br /> REMEDIES<br /> <br /> Present law authorizes the chancery and circuit court having jurisdiction for any action arising pursuant to existing law to grant injunctions on such terms as it may deem reasonable to prevent or restrain the unauthorized use of an individual's name, photograph, or likeness. This bill adds to the present law by authorizing the chancery and circuit court having jurisdiction for any action arising pursuant to existing law to grant injunctions on such terms as it may deem reasonable to prevent or restrain the unauthorized use of an individual's voice.<br /> <br /> Additionally, this bill provides that where a person has entered into a contract for an individual's exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture an individual's audio performances, an action to enforce the rights set forth in present law may be brought by the person or the individual.<br /> <br /> EXEMPTIONS<br /> <br /> Present law provides it is deemed a fair use, and no violation of an individual's rights is found, if the use of a name, photograph, or likeness is in connection with any news, public affairs, or sports broadcast or account. This bill adds to the present law by providing that it is also deemed a fair use, and no violation of an individual's rights is found, if the use of a voice is in connection with any news, public affairs, or sports broadcast or account. This bill also adds to the present law by clarifying that it is deemed a fair use, and no violation of an individual's rights is found, if the use of a name, photograph, voice, or likeness is in connection with any news, public affairs, or sports broadcast or account, to the extent protected by the First Amendment to the U.S. Constitution.<br /> <br /> Present law prohibits the use of a name, photograph, or likeness in a commercial medium from constituting a use for purposes of advertising or solicitation solely because the material containing such use is commercially sponsored or contains paid advertising. Rather it must be a question of fact whether or not the use of the complainant individual's name, photograph, or likeness was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for purposes of advertising or solicitation. This bill adds to the present law by also requiring that it be a question of fact whether or not the use of the complainant individual's voice was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for purposes of advertising or solicitation.<br /> <br /> Finally, present law prohibits the above provisions from applying to the owners or employees of any medium used for advertising who have published or disseminated any advertisement or solicitation in violation of the existing law, unless it is established that such owners or employees had knowledge of the unauthorized use of the individual's name, photograph, or likeness as prohibited by existing law. This bill changes this standard such that it applies to owners or employees who had knowledge, or reasonably should have known of the unauthorized use. This bill also applies the same standard to the unauthorized use of an individual's voice. <br /> <br /> ON MARCH 4, 2024, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 2091, AS AMENDED.<br /> <br /> AMENDMENT #1 makes the following changes to the bill:<br /> <br /> (1) Provides that a person is liable to a civil action if the person distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of such algorithm, software, tool, or other technology, service, or device is the production of a particular, identifiable individual's photograph, voice, or likeness, with knowledge that distributing, transmitting, or otherwise making available the photograph, voice, or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual; and<br /> <br /> (2) Revises the present law that provides that it is deemed a fair use and no violation of an individual's rights shall be found, for purposes of this part, if the use of a name, photograph, or likeness is in connection with any news, public affairs, or sports broadcast or account. This amendment replaces the present law and, instead, provides that to the extent such use is protected by the First Amendment to the U.S. Constitution, it is deemed a fair use and not a violation of an individual's right if the use of a name, photograph, voice, or likeness is:<br /> <br /> (A) In connection with any news, public affairs, or sports broadcast or account;<br /> <br /> (B) For purposes of comment, criticism, scholarship, satire, or parody;<br /> <br /> (C) A representation of the individual as the individual's self in an audiovisual work unless the audiovisual work containing the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated;<br /> <br /> (D) Fleeting or incidental; or<br /> <br /> (E) In an advertisement or commercial announcement for a work described in this (2).<br />
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