Mississippians' Right to Name, Likeness and Voice Act; enact.

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To: Judiciary A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Clark

HOUSE BILL NO. 1504

AN ACT TO CREATE NEW SECTION 75-99-1, MISSISSIPPI CODE OF 1
1972, TO ESTABLISH A SHORT TITLE FOR THE MISSISSIPPIANS' RIGHT TO 2
NAME, LIKENESS AND VOICE ACT; TO CREATE NEW SECTION 75-99-3, 3
MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 4
75-99-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY 5
INDIVIDUAL HAS A PROPERTY RIGHT IN THEIR OWN NAME, LIKENESS AND 6
VOICE; TO CREATE NEW SECTION 75-99-7, MISSISSIPPI CODE OF 1972, TO 7
PROVIDE CERTAIN LIABILITY FOR PERSONS OR ENTITIES WHO INFRINGE ON 8
AN INDIVIDUAL'S RIGHTS UNDER THIS ACT; TO CREATE NEW SECTION 9
75-99-9, MISSISSIPPI CODE OF 1972, TO PROVIDE A FIRST AMENDMENT 10
DEFENSE TO CIVIL ACTIONS BROUGHT UNDER THIS ACT; TO CREATE NEW 11
SECTION 75-99-11, MISSISSIPPI CODE OF 1972, TO PROVIDE LIABILITY 12
FOR THE COMMERCIAL USE OF AN INDIVIDUAL'S NAME, VOICE OR LIKENESS; 13
TO CREATE NEW SECTION 75-99-13, MISSISSIPPI CODE OF 1972, TO STATE 14
THE RELATIONSHIP OF THE ACT TO OTHER LAWS; TO PROVIDE THAT THE ACT 15
IS SEVERABLE; AND FOR RELATED PURPOSES. 16
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 17
SECTION 1. The following shall be codified as Section 18
75-99-1, Mississippi Code of 1972: 19
75-99-1. This chapter shall be known and may be cited as the 20
"Mississippians' Right to Name, Likeness and Voice Act". 21
SECTION 2. The following shall be codified as Section 22
75-99-3, Mississippi Code of 1972: 23
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75-99-3. As used in this chapter, the following terms have 24
the meaning herein ascribed unless the context clearly requires 25
otherwise: 26
(a) "Commercial use" means the use of the name, voice 27
or likeness of an individual on or in any product, merchandise or 28
good or for the purposes of advertising, marketing, selling or 29
soliciting the purchase of any product, merchandise, good or 30
service. 31
(b) "Digital depiction" means a replica, imitation or 32
approximation of the likeness of an individual that is created or 33
altered, in whole or in part, using digital technology. 34
(c) "Digital technology" means a technology or device 35
now known or hereafter created such as computer software, 36
artificial intelligence, machine learning, quantum computing or 37
other similar technologies or devices. 38
(d) "Digital voice replica" means an audio rendering 39
that is created or altered, in whole or in part, using digital 40
technology and is fixed in a sound recording or audiovisual work 41
which includes replications, imitations or approximations of an 42
individual that the individual did not actually perform. 43
(e) "Individual" means a natural person, living or 44
dead. 45
(f) "Likeness" means the actual or simulated image or 46
likeness of an individual, regardless of the means of creation, 47
that is readily identifiable as the individual by virtue of the 48
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individual's face, likeness or other distinguishing 49
characteristic, or from other information displayed in connection 50
with the likeness. 51
(g) "Name" means the first name, last name, full name 52
or the nickname of a person when used in a context that reasonably 53
identifies the person with particularity. 54
(h) "Personalized cloning service" means an algorithm, 55
software, tool or other technology, service or device the primary 56
purpose or function of which is to produce one or more digital 57
voice replicas or digital depictions of particular, identified 58
individuals. 59
(i) "Person" means any individual, firm, association, 60
partnership, corporation, joint-stock company, syndicate, 61
receiver, common law trust, conservator, statutory trust, or any 62
other concern by whatever name known or however organized, formed 63
or created, and includes not-for-profit corporations, 64
associations, educational and religious institutions, political 65
parties, community, civic or other organizations. 66
(j) "Voice" means sounds in any medium containing the 67
actual voice or a simulation of the voice of an individual, 68
whether recorded or generated by computer, artificial 69
intelligence, algorithm, or other digital technology, service or 70
device, to the extent that the individual depicted or simulated is 71
readily identifiable from the sound of the voice or simulation of 72
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the voice, or from other information displayed in connection 73
therewith. 74
SECTION 3. The following shall be codified as Section 75
75-99-5, Mississippi Code of 1972: 76
75-99-5. (1) Every individual has a property right in their 77
own name, likeness and voice. 78
(2) The rights provided for in subsection (1) of this 79
section constitute intellectual property rights and are freely 80
transferable and descendible, in whole or in part, and do not 81
expire upon the death of the individual, whether or not such 82
rights were commercially exploited by the individual during the 83
individual's lifetime. 84
(3) The rights provided for in subsection (1) shall be 85
exclusive to the individual, subject to the transfer of such 86
rights as provided in subsection (2) of this section during such 87
individual's lifetime and to the executors, heirs, transferees or 88
devisees for a period of ten (10) years after the death of the 89
individual, and shall be terminated by: 90
(a) Proof of the nonuse of the name, likeness or voice 91
of any individual for commercial purposes by an executor, 92
transferee, heir or devisee to such use for a period of two (2) 93
years subsequent to the initial ten-year period following the 94
individual's death; or 95
(b) The death of all executors, transferees, heirs or 96
devisees. 97
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(4) An agreement authorizing the use of a digital depiction 98
or digital voice replica for a new performance of the individual 99
in an advertisement or expressive work shall be valid only if: 100
(a) The applicable individual was: 101
(i) Represented by counsel in the transaction and 102
the agreement was in writing; and 103
(ii) Eighteen (18) years of age or older at the 104
time of entry into the agreement, or, if under eighteen (18) years 105
of age at that time, the agreement is approved by a court in 106
accordance with applicable state law; or 107
(b) The terms of the agreement are governed by a 108
collective bargaining agreement. 109
SECTION 4. The following shall be codified as Section 110
75-99-7, Mississippi Code of 1972: 111
75-99-7. (1) Any person or entity shall be liable for 112
damages as set forth in subsection (2) of this section if the 113
person or entity without consent of the holder of the likeness or 114
voice rights affected thereby: 115
(a) Distributes, transmits or otherwise makes available 116
to the public a personalized cloning service; 117
(b) Publishes, performs, distributes, transmits or 118
otherwise makes available to the public a digital voice replica or 119
digital depiction with knowledge that the digital voice replica or 120
digital depiction was not authorized by the holder of the likeness 121
or voice rights affected thereby; or 122
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(c) Materially contributes to, directs or otherwise 123
facilitates any of the conduct proscribed in paragraphs (a) or (b) 124
of this subsection with knowledge that the holder of the affected 125
likeness or voice rights has not consented to the conduct. 126
(2) In any action brought under this section: 127
(a) The person or entity who violated the section shall 128
be liable to the injured party or parties in an amount equal to 129
the greater of: 130
(i) In the case of a violation of subsection 131
(1)(a) of this section, or the facilitation thereof, Fifty 132
Thousand Dollars ($50,000.00) per violation or the actual damages 133
suffered by the injured party or parties as a result of the 134
unauthorized use, plus any profits from the unauthorized use that 135
are attributable to such use and are not taken into account in 136
computing the actual damages, whichever is greater; and 137
(ii) In the case of a violation of subsection 138
(1)(b) of this section, or the facilitation thereof, Five Thousand 139
Dollars ($5,000.00) per violation or the actual damages suffered 140
by the injured party or parties as a result of the unauthorized 141
use, plus any profits from the unauthorized use that are 142
attributable to such use and are not taken into account in 143
computing the actual damages, whichever is greater. 144
(b) In establishing profits under this paragraph, the 145
injured party or parties shall be required only to present proof 146
of the gross revenue attributable to the unauthorized use, and the 147
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person or entity who violated this section shall be required to 148
prove his or her expenses deductible therefrom. 149
(c) Punitive damages under Section 11-1-65 and 150
reasonable attorney's fees may also be awarded to the injured 151
party or parties. 152
(d) It shall not be a defense to an allegation of a 153
violation of subsection (1) of this section that the unauthorized 154
user displayed or otherwise communicated to the public a 155
disclaimer stating that the digital depiction, digital voice 156
replica or personalized cloning service was unauthorized or that 157
the individual rights owner did not participate in the creation, 158
development, distribution or dissemination of the unauthorized 159
digital depiction, digital voice replica or personalized cloning 160
service. 161
(e) An action to enforce this section may be brought 162
by: 163
(i) The individual whose likeness or voice is at 164
issue; 165
(ii) Any other person or entity to which the 166
individual has assigned or exclusively licensed their likeness or 167
voice rights; or 168
(iii) In the case of an individual who performs 169
music as a profession and has not authorized the use at issue, by 170
any person or entity that has entered into a contract for the 171
individual's exclusive personal services as a recording artist or 172
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an exclusive license to distribute sound recordings that capture 173
the individual's audio performances. 174
SECTION 5. The following shall be codified as Section 175
75-99-9, Mississippi Code of 1972: 176
75-99-9. In evaluating any First Amendment defense to an 177
alleged violation of Section 75-99-7(1), the public interest in 178
access to the use shall be balanced against the intellectual 179
property interest in the likeness or voice. Factors to be 180
considered may include any of the following: 181
(a) The use is fleeting or negligible; 182
(b) The use is commercial; 183
(c) The individual whose likeness or voice is at issue 184
is necessary for and relevant to the primary expressive purpose of 185
the work in which the use appears; or 186
(d) The use competes with or otherwise adversely 187
affects the value of the work of the owner or licensee of the 188
likeness or voice rights at issue. 189
SECTION 6. The following shall be codified as Section 190
75-99-11, Mississippi Code of 1972: 191
75-99-11. (1) Any commercial use of the name, voice or 192
likeness of an individual by a firm, business or another person 193
without first having obtained written consent for the use is 194
subject to: 195
(a) Injunctive relief to prevent or restrain the 196
unauthorized use; and 197
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(b) An action at law for any injuries sustained by 198
reason of the unauthorized use. In such a suit, the plaintiff may 199
recover: 200
(i) Actual damages, including any profits derived 201
from and attributable to the unauthorized use; 202
(ii) Treble damages, if the trier of fact finds 203
that the defendant did not make a good-faith effort to secure 204
authorization for the use or if consent was requested, but not 205
given; and 206
(iii) Reasonable attorney's fees, court costs and 207
reasonable expenses associated with any civil action brought, in 208
whole or in part, under this chapter. 209
(2) No civil action shall be maintained under the provisions 210
of this section unless it is commenced within four (4) years after 211
the party seeking to bring the claim discovered, or with due 212
diligence should have discovered, the violation. 213
SECTION 7. The following shall be codified as Section 214
75-99-13, Mississippi Code of 1972: 215
75-99-13. (1) Nothing in this act shall be construed to 216
limit any rights an individual may have under any other law 217
providing protections against the unauthorized use of an 218
individual's name, likeness or voice. Nothing in this act shall 219
apply to student-athletes within the statutory framework of 220
Sections 37-97-101, et. seq.; provided, however, that when any 221
individual ceases to be a student-athlete at an intercollegiate 222
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ST: Mississippians' Right to Name, Likeness and
Voice Act; enact.
athletics program, such individual shall be availed of the 223
provisions of this act. 224
(2) Nothing in this act shall be construed to apply to a 225
provider of a telecommunications service or an information 226
service, as defined in 47 USC § 153, for content provided by 227
another person. 228
(3) Nothing in this act shall be construed to apply to the 229
owners or employees of any medium used for advertising, including, 230
but not limited to, newspapers, magazines, radio and television 231
stations, cable providers, producers, or programmers, streaming 232
platforms, mobile applications, billboards and transit ads, who 233
are paid to publish or disseminate any advertisement or 234
solicitation in violation of this section. 235
(4) This act shall be severable under Section 1-3-77. 236
SECTION 8. This act shall take effect and be in force from 237
and after July 1, 2026. 238