Cause of action established for misappropriation of an individual's name, likeness, or voice.

A bill for an act

relating to civil law; establishing a cause of action for misappropriation of an

individual's name, likeness, or voice; proposing coding for new law in Minnesota

Statutes, chapter 604.

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

Section 1.

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[604.501] CAUSE OF ACTION FOR MISAPPROPRIATION OF AN

INDIVIDUAL'S NAME, LIKENESS, OR VOICE.

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Subdivision 1.

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Definitions.

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(a) For purposes of this section, the following terms have

the meanings given.

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(b) "Likeness" means the actual or simulated representation or image of a particular

individual, regardless of the means of creation, that is readily identifiable as the individual

by virtue of the individual's face or other distinguishing characteristics or from other

information displayed in connection with the likeness.

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(c) "Voice" means a sound in any medium containing the actual voice or a simulation

of the voice of a particular individual, whether recorded or computer generated, to the extent

that the individual depicted or simulated is readily identifiable from the sound of the voice,

the simulation of the voice, or from other information displayed in connection with the

voice.

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Subd. 2.

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Rights provided.

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An individual has an exclusive property right in the use of

the individual's name, likeness, or voice in any medium in any manner. This right may be

freely transferred, assigned, or licensed to another person. This right does not expire upon

the death of the individual but is descendible to the individual's executors, assigns, heirs,

or devisees.

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Subd. 3.

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Civil action created; duration; tolling of statute of limitations.

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(a) An

individual or other person with rights to an individual's name, likeness, or voice may bring

a civil action for misappropriation in district court against a person who uses the individual's

name, likeness, or voice for commercial purposes without the written authorization of either

the individual or the other person with rights to the individual's name, likeness, or voice.

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(b) The civil action in paragraph (a) survives for a period of ten years following the

death of the individual whose name, likeness, or voice is used. If a plaintiff is able to

demonstrate authorized commercial use of the individual's name, likeness, or voice within

eight years following the death of the individual, the ten-year survival period must be

extended for an additional five years following the individual's death. The survival of the

civil action may be further renewed for additional five-year periods if the plaintiff can

demonstrate authorized commercial use of the individual's name, likeness, or voice during

the two-year period preceding the expiration of each additional five-year period, provided

that no action may be maintained 70 years or more following the death of the individual.

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(c) In a civil action brought under paragraph (a), the statute of limitations is tolled until

the plaintiff discovers the misappropriation.

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Subd. 4.

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Damages; equitable relief.

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(a) In a civil action for misappropriation under

subdivision 3, the court may award the following damages to a prevailing plaintiff:

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(1) general and special damages, including all financial losses due to the misappropriation;

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(2) an amount equal to any profit that the person liable earned from the misappropriation;

and

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(3) court costs, fees, and reasonable attorney fees.

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(b) The court may, in its discretion, award a prevailing plaintiff three times the amount

of damages assessed under paragraph (a), clauses (1) and (2), if the person liable is found

to have knowingly misappropriated the individual's name, likeness, or voice.

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(c) A court may issue a temporary or permanent injunction, restraining order, or other

equitable relief as it deems necessary or appropriate to prevent further harm to the plaintiff.

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Subd. 5.

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Liability; exceptions.

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(a) To the extent the use is protected by the First

Amendment to the United States Constitution, a person's use of an individual's name,

likeness, or voice does not violate this section if the use is:

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(1) in connection with any news, public affairs, or sports broadcast or account;

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(2) for purposes of comment, criticism, scholarship, satire, or parody;

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(3) a representation or impersonation of the individual as the individual's self, unless

the representation or impersonation is intended to and does create the false impression that

the representation or impersonation is the authentic individual;

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(4) fleeting or incidental; or

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(5) in an advertisement or commercial announcement for a work otherwise protected

under this paragraph.

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(b) Whether the use of a name, likeness, or voice constitutes use for commercial purpose

where the use is commercially sponsored or contains paid advertising is a question of fact

and depends on whether the use of the individual's name, likeness, or voice was so directly

connected with the commercial sponsorship or with the paid advertising as to constitute

commercial use.

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(c) Nothing in this section applies to the owners or employees of any commercial medium,

including but not limited to newspapers, magazines, radio and television stations, billboards,

and transit advertisements, who have published or disseminated any material in violation

of this section unless the owners or employees knew or reasonably should have known the

misappropriation of the individual's name, likeness, or voice was prohibited by this section.

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Subd. 6.

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Relation to other law.

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Nothing in this section shall be construed to abolish,

diminish, or alter any other remedy or affect the right of any person to bring a legal action

available under any other provision of state or federal law, including common law, to redress

harms arising from the use of an individual's name, likeness, or voice.

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Subd. 7.

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Jurisdiction; venue.

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(a) A court has jurisdiction over a cause of action under

this section if the plaintiff or defendant resides in this state.

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(b) A cause of action under this section may be filed in either the county of residence

of the defendant or the plaintiff.

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EFFECTIVE DATE.

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This section is effective August 1, 2026, and applies to causes

of action accruing on or after that date.

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