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HD 3026

An Act concerning a right of publicity

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

Massachusetts creates a transferable, posthumous right of publicity over a person’s persona, allowing licenses, transfers, and remedies for unauthorized commercial uses.

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Bill Summary · HD 3026

Summary: An Act concerning a right of publicity (HD 3026)

Status and Context
- Bill Number: HD 3026
- Title: An Act concerning a right of publicity
- Session: One Hundred Ninety-Fourth General Court (2025-2026)
- Introduced: November 29, 2025 (Filed January 16, 2025)
- Sponsor: Representative Hogan (by request)
- Note: This is a proposed Massachusetts bill establishing a state right of publicity with transferability, posthumous protection, and a defined enforcement framework. It specifies definitions, scope, remedies, exceptions, and procedural rules.

Purpose and Scope

  • Establishes a statutory right of publicity in a person’s “persona” (including name, voice, mannerisms, signature, photograph or likeness, or any element thereof) that can be bought, sold, licensed, or transferred.
  • Extends the right to both living and deceased individuals, surviving inter vivos or testamentary transfer, and lasting after death (for 70 years post mortem if exploited).
  • Applies to commercial uses and fundraising, and prohibits unauthorized alterations that misrepresent or place the individual in false contexts.

Key Provisions

Section 2 — Right of Publicity

  • Creates a transferable, assignable, and licensable property right in an individual’s persona.
  • Right survives death and can be transferred through will, trust, contract, or other mechanisms.

Section 3 — Unauthorized Use Prohibited

  • Prohibits using a person’s right of publicity without written consent during life or for 70 years after death.
  • Prohibits uses for commercial advertising or fundraising.
  • Prohibits digitally or otherwise altering the persona to misrepresent the individual or place them in a false context.
  • Applies to both for-profit and nonprofit uses.

Section 4 — Civil Actions

  • Eligible plaintiffs: owners of the right, licensees with written authorization, or transferees.
  • Before suit: require notification to other ownership interests and a chance to object.
  • Objection windows: 20 days by mail or 60 days after public notice; failure to object waives rights.
  • If owners collectively hold more than 50%, they may block actions.
  • Partial owners must account for recoveries to other interest holders, minus reasonable fees.

Section 5 — Remedies and Damages

  • Injunctive relief available (temporary or permanent).
  • Damages: greater of $2,000 or actual damages, plus profits tied to infringement.
  • Treats a single act as one violation for statutory damages; materials can be impounded or destroyed; prevailing parties may recover attorney’s fees.

Section 6 — Exceptions

  • Exempts bona fide news/public affairs reporting, truthful identification, and certain portrayals of public officials or political candidates (unless used commercially).
  • Exempts reporting of public interest events, original works of fine art, and literary/theatrical works unless digitally distorted.
  • Allows exemptions for promotional material related to exempt works.

Section 7 — Jurisdiction and Section 8 — Additional Rights

  • Applies to acts occurring within Massachusetts, regardless of domicile.
  • Rights and remedies are cumulative and non-preemptive.

Section 9 — Effective Date

  • Takes effect upon passage.

Who Is Affected

  • Individuals (living and deceased) and their estates/heirs.
  • Potential licensees, transferees, publishers, advertisers, and creators who use a person’s persona.
  • Institutions or entities handling endorsements, publicity, or creative works.

Practical Implications

  • Creates a broad, posthumous, transferable right of publicity in Massachusetts.
  • Establishes a structured framework for consent, notice, and dispute resolution.
  • Balances control over persona uses with defined exceptions for media, art, and public interest content.
  • Could affect endorsements, digital/edited media, and fundraising campaigns involving public figures or private individuals.

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

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