Bill > H1751

This bill establishes a comprehensive right of publicity law in Massachusetts that protects an individual's persona (including their name, voice, signature, photograph, or likeness) for commercial and fundraising purposes. The legislation grants individuals a transferable property right in their persona that survives for 70 years after their death, allowing them or their representatives to control how their identity is used. The bill prohibits unauthorized use of an individual's persona for commercial advertising, fundraising, or digital alterations that misrepresent the person, requiring prior written consent. Individuals or their authorized representatives can bring civil actions against unauthorized uses, with potential remedies including injunctive relief, damages of at least $2,000 or actual profits from the infringement, and attorney's fees. The law includes several exceptions for news reporting, artistic works, public interest reporting, and truthful identification, and it applies to all acts occurring in Massachusetts regardless of the individual's residence. The bill allows for transfer of the right of publicity through various means like wills, trusts, or contracts, and ensures that the rights are cumulative with other existing legal protections, taking effect immediately upon passage.

Justice

https://malegislature.gov/Bills/194/H1751