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H 1751

An Act concerning a right of publicity

194th Legislature (2025-2026) Introduced by Kate Hogan

Mass. H 1751 creates a transferable right of publicity for a person's persona, lasting after death 70 years, enforceable to curb unauthorized commercial use.

Accompanied a study order, see H5281 (under House Rule 27)
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Bill Summary · H 1751

Summary: H 1751 An Act concerning a right of publicity (Massachusetts)

Overview

H 1751 proposes a new statutory right of publicity in the Commonwealth of Massachusetts. The bill establishes that individuals (living or deceased) have a transferable, licensable property right in their persona, which can be sold or licensed inter vivos or in estate planning instruments and survives after death for 70 years. The act sets out how unauthorized uses of a person’s persona may be prohibited and enforced through civil action, with specified remedies and exceptions.

Purpose and intent

  • Create a statutory framework protecting the commercial value of an individual’s persona (name, voice, distinctive traits, signature, photograph or likeness, and other elements of persona) for commercial or fundraising purposes.
  • Provide rights holders with enforceable remedies against unauthorized uses, while clarifying procedures for ownership, licensing, and litigation.
  • Balance protections with certain exemptions for journalism, art, literature, public affairs, and other contexts.

Key provisions

Section 1 — Definitions

  • Name: actual or assumed name used to identify an individual.
  • Persona: includes name, voice, mannerisms, gestures, signature, photograph or likeness, or any element thereof.
  • Right of publicity: property right in an individual’s persona for commercial or fundraising purposes.

Section 2 — Right of Publicity

  • Each individual has a free-transferable, assignable, and licensable right in their persona.
  • Right survives death and applies regardless of whether it was exploited during lifetime.
  • Right can be transferred via wills, trusts, contracts, etc.

Section 3 — Unauthorized Use Prohibited

  • Prohibits using an individual’s right of publicity without prior written consent for:
    • Commercial purposes (advertising products/services).
    • Fundraising or soliciting donations.
    • Altering the persona to make it appear the person said/ did something they did not consent to, or placing the person in a false context.
  • Infringement is prohibited regardless of profit motive or nonprofit status.

Section 4 — Civil Actions

  • Authorized plaintiffs: owners of the right, licensees with written authorization, or transferees.
  • Notification and objection: partial owners must notify other owners and allow objections; two notice methods with specific time frames (mailed: 20 days; published in newspaper: 60 days).
  • Objections: must be filed within stated windows; failure to object may waive the right to object.
  • Collective ownership cap: civil actions prohibited if more than 50% of the right is collectively owned by others who object.
  • Accounting: partial owners bringing suit must account for recoveries to other holders, minus reasonable attorney’s fees and costs.

Section 5 — Remedies and Damages

  • Courts may grant injunctive relief (temporary and permanent).
  • Damages: greater of $2,000 or actual damages plus profits attributable to infringement.
  • Statutory damage framework may treat a single act as one violation regardless of reproductions.
  • Court powers to impound or destroy infringing materials; award prevailing party’s attorney’s fees and costs.

Section 6 — Exceptions

  • Exempts bona fide news/public affairs reporting; portrayals of public officials or political candidates unless used for commercial purposes; reporting of public-interest events; original works of fine art; literary/theatrical works unless digitally altered to distort consent; truthful identification of authors/performers; promotional material for exempt works.

Section 7 — Jurisdiction

  • Applies to all acts occurring in Massachusetts, regardless of domicile or citizenship.

Section 8 — Additional Rights

  • Rights and remedies are cumulative and do not preempt other Massachusetts rights.

Section 9 — Effective Date

  • Takes effect upon passage.

Who would be affected

  • Individuals with public personas (living or deceased) and their heirs/estate representatives.
  • Owners, licensees, and transferees of the right of publicity.
  • Partial ownership groups (with safeguards to prevent infringement actions when ownership shares are concentrated).
  • Industries relying on use of personas, including advertising, entertainment, and media companies—subject to the act’s rules and exemptions.

Timeline and procedural notes

  • Introduced: February 27, 2025.
  • Referred to committee: The Judiciary.
  • Related legislative actions show ongoing hearing scheduling, with a hearing set for July 15, 2025 (times-adjusted in updates).
  • Related bill reference: HD 3026 (replaces).
  • The act would become law upon passage.

Potential impact

  • Stronger protection for the commercial value of individuals’ personas, including posthumous rights lasting 70 years.
  • Clear procedures for ownership, licensing, and enforcement, including notice and objection mechanics.
  • Narrowed use in contexts like news, art, and public-interest reporting through exceptions.
  • Possible increased litigation and negotiation around licensing, especially where multiple partial owners hold interests.

Related materials note a scheduled hearing and ongoing legislative tracking through the Judiciary committee.

Compiled from official sources — confirm details with the bill’s official record.

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