Purpose

Establishes a new civil cause of action to protect individuals from the unauthorized commercial use of their name, likeness, or voice. The bill creates legal rights and remedies for those who own or have rights to someone’s name, image, or voice, and sets rules for how such actions can be brought and what relief may be awarded.

Key concepts and definitions

• Likeness: the actual or simulated representation or image of a specific individual that is readily identifiable by face or other distinguishing features.
• Voice: a sound or simulation of a specific individual’s voice that is readily identifiable, whether recorded or computer-generated.
• Rights: an exclusive property right in the use of a person’s name, likeness, or voice in any medium or manner; transferable or licensed; does not expire at death and passes to executors, assigns, heirs, or devisees.

Who can sue and what they can sue over

• A person with rights to another’s name, likeness, or voice can sue in district court if someone uses that person’s name, likeness, or voice for commercial purposes without written authorization.
• The action is about commercial use, not protected or noncommercial use.

Duration of the action and tolling

• The civil action survives for 10 years after the person’s death.
• If authorized commercial use occurs within 8 years after death, the survival period extends by 5 more years.
• The survival period can be renewed in 5-year increments if there is authorized use during the prior 2-year window, but actions cannot continue beyond 70 years after death.
• The statute of limitations is tolled (paused) until the plaintiff discovers the misappropriation.

Damages and relief

• A prevailing plaintiff may be awarded:
  • General and special damages (including all financial losses from the misappropriation),
  • An amount equal to the profits earned by the liable party from the misappropriation,
  • Court costs and reasonable attorney fees.
• If the court finds knowing misappropriation, it may award tripled damages (three times the base damages).
• The court may issue temporary or permanent injunctions or other equitable relief to prevent further harm.

Exceptions and allowable uses (First Amendment considerations)

• The use of a name, likeness, or voice may be protected by the First Amendment in certain contexts, and does not violate the bill if used for:
  • News, public affairs, or sports broadcasts or accounts,
  • Comment, criticism, scholarship, satire, or parody.
• Certain representations or impersonations of an individual as themselves are allowed if they do not create a false impression of authenticity or are incidental/fleeting.
• It’s a question of fact to determine whether a use is commercial, especially if it is linked to sponsorship or paid advertising.
• Owners or employees of media outlets (newspapers, magazines, radio/TV stations, etc.) are not liable unless they knew or should have reasonably known that the misappropriation was prohibited.

Relationship to other laws

• This bill does not abolish, diminish, or alter any other legal remedies. Other state or federal laws can still apply to harms arising from the use of a person’s name, likeness, or voice.

Jurisdiction and venue

• Courts have jurisdiction if either the plaintiff or defendant resides in Minnesota.
• A civil action may be filed in either the defendant’s county of residence or the plaintiff’s county of residence.

Relevant terms - misappropriation - name - likeness - voice - civil action - damages - general damages - special damages - profits - injunction - equitable relief - tolling - statute of limitations - survival period - 10 years - 8-year window - 5-year renewals - 70 years - First Amendment - news - public affairs - sports - commentary - criticism - scholarship - satire - parody - commercial use - authorization - heirs - executors - assigns - devisees - jurisdiction - venue