Bill > H1615

This bill amends Massachusetts law to more comprehensively protect an individual's name, likeness, and voice from unauthorized commercial use. The legislation defines "likeness" as a readily identifiable representation of a person, including digital images, and "voice" as a sound attributable to a specific individual, whether actual or simulated. Under the proposed law, individuals can bring civil actions against anyone using their name, likeness, voice, portrait, or picture for advertising or trade purposes without written consent, and can recover damages for any injuries sustained. If the unauthorized use is knowingly done, the court may award treble damages. The bill also establishes that a person's name, likeness, and voice are personal and intellectual property exclusively belonging to them. Importantly, these rights extend for 10 years after the individual's death, with the potential for a 5-year extension (up to 70 years total) if the person's estate can demonstrate continued authorized public use of the likeness or voice. The law includes exceptions for photographers displaying their work and for using likenesses in connection with goods or artistic productions that have been sold or disposed of with the individual's permission.

Justice

https://malegislature.gov/Bills/194/H1615