Bill > H3404

This bill establishes a comprehensive property right for individuals regarding their name, photograph, voice, or likeness, providing legal protections against unauthorized commercial use. The legislation defines "use" broadly, including commercial availability of recordings where an individual is identifiably present, and "voice" as including both actual and simulated sounds attributable to a specific person. Under the bill, individuals (or their representatives in cases of minors or deceased persons) have the exclusive right to consent to commercial exploitation of their personal identifiers, with this right lasting ten years after death and potentially extending if not exercised. The bill creates legal grounds for civil action against anyone who uses an individual's personal identifiers without proper consent for advertising, fundraising, or other commercial purposes, including those who develop or distribute technologies specifically designed to generate unauthorized likenesses. Additionally, the bill allows individuals or their contracted representatives (such as recording artists or their licensees) to bring legal action to enforce these rights. The legislation becomes effective upon the Governor's approval, providing a robust legal framework to protect personal identity and image rights in South Carolina.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=3404&session=126&summary=B