Bill > HF4078

This bill establishes a new civil law in Minnesota that allows individuals to sue for the unauthorized commercial use of their name, likeness, or voice. "Likeness" is defined as a recognizable image of a person, and "voice" refers to their actual or simulated voice that is identifiable. This right to control the use of one's name, likeness, or voice is considered a property right that can be transferred and continues even after death, lasting for ten years and potentially longer with authorized commercial use, up to a maximum of 70 years after death. The bill specifies that a lawsuit can be filed if someone uses an individual's name, likeness, or voice for commercial purposes without written permission, and the statute of limitations for such claims is tolled until the misappropriation is discovered. Damages can include financial losses, profits made by the violator, and attorney fees, with the possibility of treble damages if the violation was knowing. The bill also outlines exceptions, such as uses related to news, public affairs, commentary, criticism, scholarship, satire, parody, or incidental uses, and clarifies that media owners and employees are not liable unless they knew or should have known about the prohibited use. This new law will take effect on August 1, 2026, and will apply to cases that arise on or after that date.