MISSISSIPPI LEGISLATURE
2025 Regular Session
To: Universities and Colleges
By: Senator(s) Blackmon
AN ACT TO CREATE NEW SECTION 75-99-1, MISSISSIPPI CODE OF 1972, TO ESTABLISH A SHORT TITLE FOR THE MISSISSIPPIANS' RIGHT TO NAME, LIKENESS AND VOICE ACT; TO CREATE NEW SECTION 75-99-3, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 75-99-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY INDIVIDUAL HAS A PROPERTY RIGHT IN THEIR OWN NAME, LIKENESS AND VOICE; TO CREATE NEW SECTION 75-99-7, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN LIABILITY FOR PERSONS OR ENTITIES WHO INFRINGE ON AN INDIVIDUAL'S RIGHTS UNDER THIS ACT; TO CREATE NEW SECTION 75-99-9, MISSISSIPPI CODE OF 1972, TO PROVIDE A FIRST AMENDMENT DEFENSE TO CIVIL ACTIONS BROUGHT UNDER THIS ACT; TO CREATE NEW SECTION 75-99-11, MISSISSIPPI CODE OF 1972, TO PROVIDE LIABILITY FOR THE COMMERCIAL USE OF AN INDIVIDUAL'S NAME, VOICE OR LIKENESS; TO CREATE NEW SECTION 75-99-13, MISSISSIPPI CODE OF 1972, TO STATE THE RELATIONSHIP OF THE ACT TO OTHER LAWS; TO PROVIDE THAT THE ACT IS SEVERABLE; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 75-99-1, Mississippi Code of 1972:
75-99-1. This chapter shall be known and may be cited as the "Mississippians' Right to Name, Likeness and Voice Act."
SECTION 2. The following shall be codified as Section 75-99-3, Mississippi Code of 1972:
75-99-3. As used in this chapter, the following terms have the meaning herein ascribed unless the context clearly requires otherwise:
(a) "Commercial use" means the use of the name, voice or likeness of an individual on or in any product, merchandise or good or for the purposes of advertising, marketing, selling or soliciting the purchase of any product, merchandise, good or service.
(b) "Digital depiction" means a replica, imitation or approximation of the likeness of an individual that is created or altered in whole or in part using digital technology.
(c) "Digital technology" means a technology or device now known or hereafter created such as computer software, artificial intelligence, machine learning, quantum computing or other similar technologies or devices.
(d) "Digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations or approximations of an individual that the individual did not actually perform.
(e) "Individual" means a natural person, living or dead.
(f) "Likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness or other distinguishing characteristic, or from other information displayed in connection with the likeness.
(g) "Name" means the first name, last name, full name or the nickname of a person when used in a context that reasonably identifies the person with particularity.
(h) "Personalized cloning service" means an algorithm, software, tool or other technology, service or device the primary purpose or function of which is to produce one or more digital voice replicas or digital depictions of particular, identified individuals.
(i) "Person" means any individual, firm, association, partnership, corporation, joint-stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, community, civic or other organizations.
(j) "Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.
SECTION 3. The following shall be codified as Section 75-99-5, Mississippi Code of 1972:
75-99-5. (1) Every individual has a property right in their own name, likeness and voice.
(2) The rights provided for in subsection (1) constitute intellectual property rights and are freely transferable and descendible, in whole or in part, and do not expire upon the death of the individual, whether or not such rights were commercially exploited by the individual during the individual's lifetime.
(3) The rights provided for in subsection (1) shall be exclusive to the individual, subject to the transfer of such rights as provided in subsection (2) during such individual's lifetime and to the executors, heirs, transferees or devisees for a period of ten years after the death of the individual, and shall be terminated by:
(a) Proof of the nonuse of the name, likeness or voice of any individual for commercial purposes by an executor, transferee, heir or devisee to such use for a period of two (2) years subsequent to the initial ten-year period following the individual's death; or
(b) The death of all executors, transferees, heirs or devisees.
(4) An agreement authorizing the use of a digital depiction or digital voice replica for a new performance of the individual in an advertisement or expressive work shall be valid only if:
(a) The applicable individual was:
(i) Represented by counsel in the transaction and the agreement was in writing; and
(ii) Eighteen (18) years of age or older at the time of entry into the agreement, or, if under eighteen (18) years of age at that time, the agreement is approved by a court in accordance with applicable state law; or
(b) The terms of the agreement are governed by a collective bargaining agreement.
SECTION 4. The following shall be codified as Section 75-99-7, Mississippi Code of 1972:
75-99-7. (1) Any person or entity shall be liable for damages as set forth in subsection (2) of this section if the person or entity without consent of the holder of the likeness or voice rights affected thereby:
(a) Distributes, transmits or otherwise makes available to the public a personalized cloning service;
(b) Publishes, performs, distributes, transmits or otherwise makes available to the public a digital voice replica or digital depiction with knowledge that the digital voice replica or digital depiction was not authorized by the holder of the likeness or voice rights affected thereby; or
(c) Materially contributes to, directs or otherwise facilitates any of the conduct proscribed in paragraphs (a) or (b) of this subsection with knowledge that the holder of the affected likeness or voice rights has not consented to the conduct.
(2) In any action brought under this section:
(a) The person or entity who violated the section shall be liable to the injured party or parties in an amount equal to the greater of:
(i) In the case of a violation of subsection (1)(a), or the facilitation thereof, Fifty Thousand Dollars ($50,000.00) per violation or the actual damages suffered by the injured party or parties as a result of the unauthorized use, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages, whichever is greater; and
(ii) In the case of a violation of subsection (1)(b), or the facilitation thereof, Five Thousand Dollars ($5,000.00) per violation or the actual damages suffered by the injured party or parties as a result of the unauthorized use, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages, whichever is greater.
(b) In establishing profits under this paragraph, the injured party or parties shall be required only to present proof of the gross revenue attributable to the unauthorized use, and the person or entity who violated this section shall be required to prove his or her expenses deductible therefrom.
(c) Punitive damages under Section 11-1-65 and reasonable attorney's fees may also be awarded to the injured party or parties.
(d) It shall not be a defense to an allegation of a violation of subsection (1) of this section that the unauthorized user displayed or otherwise communicated to the public a disclaimer stating that the digital depiction, digital voice replica or personalized cloning service was unauthorized or that the individual rights owner did not participate in the creation, development, distribution or dissemination of the unauthorized digital depiction, digital voice replica or personalized cloning service.
(e) An action to enforce this section may be brought by:
(i) The individual whose likeness or voice is at issue;
(ii) Any other person or entity to which the individual has assigned or exclusively licensed their likeness or voice rights; or
(iii) In the case of an individual who performs music as a profession and has not authorized the use at issue, by any person or entity that has entered into a contract for the individual's exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture the individual's audio performances.
SECTION 5. The following shall be codified as Section 75-99-9, Mississippi Code of 1972:
75-99-9. In evaluating any First Amendment defense to an alleged violation of Section 75-99-7(1), the public interest in access to the use shall be balanced against the intellectual property interest in the likeness or voice. Factors to be considered may include any of the following:
(a) The use is fleeting or negligible;
(b) The use is commercial;
(c) The individual whose likeness or voice is at issue is necessary for and relevant to the primary expressive purpose of the work in which the use appears; or
(d) The use competes with or otherwise adversely affects the value of the work of the owner or licensee of the likeness or voice rights at issue.
SECTION 6. The following shall be codified as Section 75-99-11, Mississippi Code of 1972:
75-99-11. (1) Any commercial use of the name, voice or likeness of an individual by a firm, business or another person without first having obtained written consent for the use is subject to:
(a) Injunctive relief to prevent or restrain the unauthorized use; and
(b) An action at law for any injuries sustained by reason of the unauthorized use. In such a suit, the plaintiff may recover:
(i) Actual damages, including any profits derived from and attributable to the unauthorized use;
(ii) Treble damages, if the trier of fact finds that the defendant did not make a good-faith effort to secure authorization for the use or if consent was requested, but not given; and
(iii) Reasonable attorney's fees, court costs and reasonable expenses associated with any civil action brought, in whole or in part, under this chapter.
(2) No civil action shall be maintained under the provisions of this section unless it is commenced within four (4) years after the party seeking to bring the claim discovered, or with due diligence should have discovered, the violation.
SECTION 7. The following shall be codified as Section 75-99-13, Mississippi Code of 1972:
75-99-13. (1) Nothing in this act shall be construed to limit any rights an individual may have under any other law providing protections against the unauthorized use of an individual's name, likeness or voice. Nothing in this act shall apply to student-athletes within the statutory framework of Sections 37-97-101, et. seq.; provided, however, that when any individual ceases to be a student-athlete at an intercollegiate athletics program, such individual shall be availed of the provisions of this act.
(2) This act shall be severable under Section 1-3-77.
SECTION 8. This act shall take effect and be in force from and after July 1, 2025.