Bill
H 3404
Establishes a property right in each person’s name, photograph, voice, and likeness with civil remedies for unauthorized commercial use, including AI-generated likenesses.
Note on source materials
- The packet provided contains text from two different pieces of legislation combined:
1) A Massachusetts House bill (H 3404) that would name the Eastern Brook Trout the official freshwater fish of the Commonwealth; and
2) A separate bill (text from South Carolina) titled/aimed at recognizing a property right in an individual’s name, photograph, voice, or likeness and creating civil liability for unauthorized commercial uses (the “Ensuring Likeness, Voice, and Image Security” content).
- Below are concise, separate summaries of each, followed by procedural status and potential impacts.
Purpose
- Establish a statutory property right in each individual’s name, photograph, voice, and likeness and create civil remedies for unauthorized commercial uses.
Key provisions
- Definitions:
- “Use” includes the commercial availability of a sound recording or audiovisual work in which an individual is readily identifiable.
- “Voice” includes identifiable sounds attributable to an individual, including simulations.
- Property right: Every individual “has a property right” in the use of their name, photograph, voice, or likeness “in any medium in any manner.”
- Post‑mortem commercial rights: Exclusive commercial exploitation by executors/assignees/heirs terminates upon proof of nonuse for two years following an initial ten‑year period after death.
- Unauthorized commercial use prohibited:
- Liability for knowingly using an individual’s name/photo/voice/likeness for advertising, fundraising, solicitation, or sales without prior consent (or, for minors, parental/guardian consent; for deceased, executor/administrator/heirs’ consent).
- Liability for publishing, performing, distributing, transmitting or otherwise making available to the public an individual’s voice or likeness when the actor knows it was unauthorized.
- Liability for distributing or making available algorithms, software, tools, or devices whose primary function is to produce an individual’s photograph, voice, or likeness without authorization.
- Enforcement: Civil actions available to aggrieved individuals (or in certain contractual contexts, to persons who hold exclusive rights under contract).
- Effective date: Upon approval by the Governor (per draft).
Who would be affected
- Individuals (living and deceased), minors (through guardians), heirs/executors/estate beneficiaries.
- Advertisers, fundraisers, platforms, publishers, filmmakers, audio distributors.
- Developers and distributors of AI/deepfake tools, algorithms, or services whose primary function is producing likenesses.
Potential issues to monitor
- Interaction with existing state “right of publicity” and privacy laws, First Amendment limits on expressive works, and intellectual property statutes.
- Scope of the prohibition on technologies described as having a “primary purpose” to produce likenesses — could affect AI tool distribution and research uses.
- Remedies and limitations (statute of limitations, damages, defenses) are not detailed in the provided text.
Purpose
- Designates the Eastern Brook Trout as the official freshwater fish of the Commonwealth of Massachusetts.
Key provision
- Adds Section 65 to Chapter 2 of the Massachusetts General Laws: “The Eastern Brook Trout shall be the official freshwater fish of the commonwealth.”
Who would be affected
- Primarily symbolic — state agencies, educational materials, and tourism/outreach programs may reference the designation. No regulatory, tax, or direct fiscal impacts are indicated.
Procedural status (as provided)
- Prefiled: 12/05/2024
- Introduced/read first time: 01/14/2025
- Referred to Committee on Judiciary; also referenced to State Administration and Regulatory Oversight (02/27/2025)
- Senate concurred (02/27/2025)
- Hearing scheduled: 06/24/2025, 10:00 AM–1:00 PM (location A-1)
- Sponsor: Rep. Edward R. Philips (primary). Related filing: HD 2638 (replaces).
If you want, I can:
- Draft a plain‑language one‑page explainer focusing only on the likeness/privacy bill’s likely real‑world impacts (advertising, AI, media), or
- Produce a side‑by‑side table comparing the two draft texts and their legislative statuses.
Compiled from official sources — confirm details with the bill’s official record.
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