Senate Bill 2534

AN ACT TO PROHIBIT THE UNAUTHORIZED COMMERCIAL USE OF AN INDIVIDUAL'S PUBLICITY RIGHTS; TO PROVIDE FOR FORFEITURE OF ANY PROPERTY USED IN CONNECTION WITH THE UNAUTHORIZED USE; TO AUTHORIZE A CIVIL ACTION, INJUNCTIVE ACTION AND TO PRESCRIBE CRIMINAL PENALTIES FOR VIOLATION OF THIS ACT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Any person who knowingly uses or infringes upon the use of another individual's name, photograph or likeness in any medium, in any manner directed to any person other than such individual, as an item of commerce for purposes of advertising products, merchandise, goods or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods or services, without such individual's prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs or devisees of such deceased individual, shall be liable to a civil action.

(2) In addition to the civil action authorized by this section and the remedies set out in this section, any person who commits unauthorized use as defined in subsection (1) of this section shall be guilty of a misdemeanor punishable, upon conviction, by a fine not exceeding Ten Thousand Dollars ($10,000.00) or imprisonment in the county jail for a term not exceeding six (6) months.

(3) It is no defense to the unauthorized use defined in subsection (1) of this section that the photograph includes more than one (1) individual so identifiable; provided, that the individual or individuals complaining of the use shall be represented as individuals per se rather than solely as members of a definable group represented in the photograph.

(4) If an unauthorized use as defined in subsection (1) of this section is by means of products, merchandise, goods or other tangible personal property, all such property, including all instrumentalities used in connection with the unauthorized use by the person violating this section, is declared contraband and subject to seizure by, and forfeiture to, the state in the same manner as is provided by law for the seizure and forfeiture of other contraband items.

(5) The chancery or circuit court having jurisdiction for any action arising pursuant to this act may grant injunctions on such terms as it may deem reasonable to prevent or restrain the unauthorized use of an individual's name, photograph or likeness. As part of such injunction, the court may authorize the confiscation of all unauthorized items and seize all instrumentalities used in connection with the violation of the individual's rights. All instrumentalities seized pursuant to enforcing an injunction under this subsection (5) shall be liquidated and used to satisfy statutory damages, if damages are recovered by the rights holder.

(6) At any time while an action under this part is pending, the court may order the impounding, on such terms as it may deem reasonable, of all materials or any part thereof claimed to have been made or used in violation of the individual's rights, and such court may enjoin the use of all plates, molds, matrices, masters, tapes, film negatives or other articles by means of which such materials may be reproduced.

(7) As part of a final judgment or decree, the court may order the destruction or other reasonable disposition of all materials found to have been made or used in violation of the individual's rights, and of all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which such materials may be reproduced.

(8) (a) An individual is entitled to recover the actual damages suffered as a result of the knowing use or infringement of such individual's rights and any profits that are attributable to such use or infringement which are not taken into account in computing the actual damages. Profit or lack thereof by the unauthorized use or infringement of an individual's rights shall not be a criteria of determining liability.

(b) An individual is entitled to recover three (3) times the amount to which the individual is entitled under paragraph (a) of this subsection, plus reasonable attorney's fees, if a person knowingly uses or infringes on the rights of a member of the armed forces in violation of this section. As used in this paragraph (b), "member of the armed forces" means a member of the United States armed forces or a member of a reserve or Mississippi National Guard unit who is in, or was called into, active service or active military service of the United States.

(9) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.

SECTION 2. This act shall take effect and be in force from and after July 1, 2024.