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

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To: Universities and
Colleges
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Blackmon, Sparks, England,
DeLano, Barnett, Jackson, Pope, Norwood,
Simmons (12th), Simmons (13th)

SENATE BILL NO. 2046
(As Passed the Senate)

AN ACT TO CREATE NEW SECTION 75-101-1, 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 75-101-3, 3
MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 4
75-101-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY 5
INDIVIDUAL HAS A PROPERTY RIGHT IN HIS OR HER OWN NAME, LIKENESS 6
AND VOICE; TO CREATE NEW SECTION 75-101-7, MISSISSIPPI CODE OF 7
1972, TO PROVIDE CERTAIN LIABILITY FOR PERSONS OR ENTITIES WHO 8
INFRINGE ON AN INDIVIDUAL'S RIGHTS UNDER THIS ACT; TO CREATE NEW 9
SECTION 75-101-9, MISSISSIPPI CODE OF 1972, TO PROVIDE A FIRST 10
AMENDMENT DEFENSE TO CIVIL ACTIONS BROUGHT UNDER THIS ACT; TO 11
CREATE NEW SECTION 75-101-11, MISSISSIPPI CODE OF 1972, TO PROVIDE 12
LIABILITY FOR THE COMMERCIAL USE OF AN INDIVIDUAL'S NAME, VOICE OR 13
LIKENESS; TO CREATE NEW SECTION 75-101-13, MISSISSIPPI CODE OF 14
1972, TO STATE THE RELATIONSHIP OF THE ACT TO OTHER LAWS; TO 15
PROVIDE THAT THIS ACT 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
75-101-1, Mississippi Code of 1972: 19
75-101-1. This chapter shall be known and may be cited as 20
the "Mississippians' Right to Name, Likeness and Voice Act." 21
SECTION 2. The following shall be codified as Section 22
75-101-3, Mississippi Code of 1972: 23
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75-101-3. As used in this chapter, the following terms have 24
the meaning ascribed herein 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 newly created, 32
computer-generated or digitally altered image or video of an 33
individual, created in whole or in part using digital technology, 34
including artificial intelligence, that realistically represents 35
the individual's likeness in a manner in which the individual did 36
not actually appear or perform. 37
(c) "Digital technology" means a technology or device 38
now known or hereafter created, such as computer software, 39
artificial intelligence, machine learning, quantum computing or 40
other similar technologies or devices. 41
(d) "Digital voice replica" means a newly created, 42
computer-generated or digitally altered audio recording of an 43
individual's voice, created in whole or in part using digital 44
technology, including artificial intelligence, that realistically 45
represents the individual's voice in a manner in which the 46
individual did not actually speak or perform. 47
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(e) "Individual" means a natural person, living or 48
dead. 49
(f) "Likeness" means the actual or simulated image or 50
likeness of an individual, regardless of the means of creation, 51
that is readily identifiable as the individual by virtue of the 52
individual's face, likeness or other distinguishing 53
characteristic, or from other information displayed in connection 54
with the likeness. 55
(g) "Name" means the first name, last name, full name 56
or the nickname of a person when used in a context that reasonably 57
identifies the person with particularity. 58
(h) "Personalized cloning service" means an algorithm, 59
software, tool or other technology, service or device the primary 60
purpose or function of which is to produce one or more digital 61
voice replicas or digital depictions of specific, identified 62
individuals without authorization. 63
(i) "Person" means any individual, firm, association, 64
partnership, corporation, joint-stock company, syndicate, 65
receiver, common-law trust, conservator, statutory trust or any 66
other concern by whatever name known or however organized, formed 67
or created, and includes not-for-profit corporations, 68
associations, educational and religious institutions, political 69
parties, community, civic or other organizations. 70
SECTION 3. The following shall be codified as Section 71
75-101-5, Mississippi Code of 1972: 72
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75-101-5. (1) Every individual in this state has a property 73
right in his or her own name, likeness and voice. 74
(2) The rights provided for in subsection (1) of this 75
section are freely transferable, licensable and descendible, in 76
whole or in part, and do not expire upon the death of the 77
individual, whether or not such rights were commercially exploited 78
by the individual during the individual's lifetime. 79
(3) The rights provided for in subsection (1) of this 80
section shall be exclusive to the individual, subject to the 81
transfer of such rights as provided in subsection (2) of this 82
section during such individual's lifetime and to the executors, 83
heirs, transferees or devisees for a period of ten (10) years 84
after the death of the individual, and shall be terminated on the 85
date that is ten (10) years after the death of the individual. 86
(4) An agreement authorizing the use of a digital depiction 87
or digital voice replica for a new performance of the individual 88
in an advertisement or expressive work shall be unenforceable as 89
it relates to a new performance, fixed on or after January 1, 90
2027, by a digital depiction or digital voice replica of the 91
individual if the provision meets all of the following conditions: 92
(a) The provision allows for the creation and use of a 93
digital depiction or digital voice replica in place of work the 94
individual would otherwise have performed in person: 95
(i) Except as provided in subparagraph (ii) of 96
this paragraph, the provision does not include a reasonably 97
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specific description of the intended uses of the digital depiction 98
or digital voice replica. 99
(ii) Failure to include a reasonably specific 100
description of the intended uses of a digital depiction or digital 101
voice replica does not render the provision unenforceable if the 102
uses are consistent with the terms of the contract for the 103
performance of personal or professional services and the 104
fundamental character of the photography or soundtrack as recorded 105
or performed. 106
(b) The individual was not represented in either of the 107
following manners: 108
(i) By legal counsel who negotiated on behalf of 109
the individual licensing such digital replica rights, and the 110
commercial terms are stated clearly and conspicuously in a 111
contract or other writing signed or initialed by the individual; 112
or 113
(ii) By a labor union representing workers who do 114
the proposed work, and the terms of their collective bargaining 115
agreement expressly addresses uses of digital replicas. 116
(5) Subsection (4) of this section does not affect 117
provisions of a contract other than those that fall under an 118
agreement described therein, and does not impact, abrogate or 119
otherwise affect any exclusivity grants contained in, or related 120
to, a provision subject to such an agreement. 121
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(6) The rights provided by this section may only be enforced 122
by the terms of Sections 75-101-7 and 75-101-11. 123
SECTION 4. The following shall be codified as Section 124
75-101-7, Mississippi Code of 1972: 125
75-101-7. (1) Any person or entity shall be liable for 126
damages as set forth in subsection (2) of this section if the 127
person or entity, without consent of the holder of the likeness or 128
voice rights affected thereby: 129
(a) Distributes, transmits or otherwise makes available 130
to the public a personalized cloning service; or 131
(b) Publishes, performs, distributes, transmits or 132
otherwise makes available to the public a digital voice replica or 133
digital depiction with knowledge that the digital voice replica or 134
digital depiction was not authorized by the holder of the likeness 135
or voice rights affected thereby. 136
(2) In any action brought under this act: 137
(a) The person or entity who violated this act shall be 138
liable to the injured party or parties in an amount equal to the 139
greater of: 140
(i) In the case of a violation of subsection 141
(1)(a) of this section, or the facilitation thereof, Fifty 142
Thousand Dollars ($50,000.00) per violation or the actual damages 143
suffered by the injured party or parties as a result of the 144
unauthorized use, plus any profits from the unauthorized use that 145
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are attributable to such use and are not taken into account in 146
computing the actual damages, whichever is greater; and 147
(ii) In the case of a violation of subsection 148
(1)(b) of this section, or the facilitation thereof, Five Thousand 149
Dollars ($5,000.00) per violation or the actual damages suffered 150
by the injured party or parties as a result of the unauthorized 151
use, plus any profits from the unauthorized use that are 152
attributable to such use and are not taken into account in 153
computing the actual damages, whichever is greater. 154
(b) In establishing profits under this paragraph, the 155
injured party or parties shall be required only to present proof 156
of the gross revenue attributable to the unauthorized use, and the 157
person or entity who violated this section shall be required to 158
prove his or her expenses deductible therefrom. 159
(c) Punitive damages under Section 11-1-65 and 160
reasonable attorney's fees may also be awarded to the injured 161
party or parties. 162
(d) It shall not be a defense to an allegation of a 163
violation of subsection (1) of this section that the unauthorized 164
user displayed or otherwise communicated to the public a 165
disclaimer stating that the digital depiction, digital voice 166
replica or personalized cloning service was unauthorized or that 167
the individual rights owner did not participate in the creation, 168
development, distribution or dissemination of the unauthorized 169
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digital depiction, digital voice replica or personalized cloning 170
service. 171
(e) An action to enforce this section may be brought 172
by: 173
(i) The individual whose likeness or voice is at 174
issue; 175
(ii) Any other person or entity to which the 176
individual has assigned or exclusively licensed his or her 177
likeness or voice rights; or 178
(iii) In the case of an individual who performs 179
music as a profession and has not authorized the use at issue, by 180
any person or entity that has entered into a contract for the 181
individual's exclusive personal services as a recording artist or 182
an exclusive license to distribute sound recordings that capture 183
the individual's audio performances. 184
(3) Liability under this section for the unauthorized use of 185
a digital depiction or digital voice replica shall attach only 186
when the digital depiction or digital voice replica is 187
sufficiently realistic that a reasonable person would believe it 188
to be a genuine appearance or performance of the individual, and 189
the depiction or replica materially alters, fabricates or 190
substitutes the individual's appearance or performance in a manner 191
in which the individual did not actually appear or perform. 192
(4) A provider of an interactive computer service, as 193
defined in 47 USC § 230(f), or an information service or 194
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communications service, as defined in 47 USC § 153, shall not be 195
liable under this section for content uploaded by a user of the 196
service. 197
SECTION 5. The following shall be codified as Section 198
75-101-9, Mississippi Code of 1972: 199
75-101-9. It is not a violation of the rights provided under 200
this title if the use of an individual's likeness is: 201
(a) Part of a bona fide news, public affairs or sports 202
broadcast or account, provided that the use is the subject of, or 203
is materially relevant to, the subject of such broadcast or 204
account; 205
(b) A representation of the applicable individual as 206
the individual in a documentary or in a historical or biographical 207
manner, including some degree of fictionalization, unless: 208
(i) The use creates the false impression that the 209
work is an authentic sound recording, image, transmission or 210
audiovisual work in which the individual participated; or 211
(ii) The use is embodied in a music sound 212
recording that is synchronized to accompany a motion picture or 213
other audiovisual work, except to the extent that this use is 214
protected by the First Amendment to the Constitution of the United 215
States; 216
(c) Produced or used consistent with the public 217
interest in bona fide commentary, criticism, scholarship, satire 218
or parody; 219
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(d) Fleeting or negligible; or 220
(e) Part of an advertisement or commercial announcement 221
for a purpose described in paragraphs (a) through (d) of this 222
subsection and the applicable use is relevant to the subject of 223
the work so advertised or announced. 224
SECTION 6. The following shall be codified as Section 225
75-101-11, Mississippi Code of 1972: 226
75-101-11. (1) Any commercial use of the name, voice or 227
likeness of an individual by a firm, business or another person 228
without first having obtained written consent for such use is 229
subject to: 230
(a) Injunctive relief to prevent or restrain the 231
unauthorized use; and 232
(b) An action at law for any injuries sustained by 233
reason of the unauthorized use. In such a suit, the plaintiff may 234
recover: 235
(i) Actual damages, including any profits derived 236
from and attributable to the unauthorized use; 237
(ii) Treble damages, if the trier of fact finds 238
that the defendant did not make a good-faith effort to secure 239
authorization for the use or if consent was requested, but not 240
given; and 241
(iii) Reasonable attorney's fees, court costs and 242
reasonable expenses associated with any civil action brought, in 243
whole or in part, under this act. 244
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(2) No civil action shall be maintained under the provisions 245
of this section unless it is commenced within four (4) years after 246
the party seeking to bring the claim discovered, or with due 247
diligence should have discovered, the violation. 248
SECTION 7. The following shall be codified as Section 249
75-101-13, Mississippi Code of 1972: 250
75-101-13. (1) Nothing in this act shall be construed to 251
limit any rights an individual may have under any other law 252
providing protections against the unauthorized use of an 253
individual's name, likeness or voice. Nothing in this act shall 254
apply to student-athletes within the statutory framework of 255
Section 37-97-101 et seq.; provided, however, that when any 256
individual ceases to be a student-athlete at an intercollegiate 257
athletics program, such individual shall be availed of the 258
provisions of this act. 259
(2) Nothing in this act shall be construed to apply to a 260
provider of a telecommunications service or an information 261
service, as defined in 47 USC § 153, for content provided by 262
another person. 263
(3) Nothing in this act shall be construed to apply to the 264
owners or employees of any medium used for advertising, including, 265
but not limited to, newspapers, magazines, radio and television 266
stations, cable providers, producers, or programmers, streaming 267
platforms, mobile applications, billboards and transit ads, who 268
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ST: Mississippians' Right to Name, Likeness and
Voice Act; enact.
are paid to publish or disseminate any advertisement or 269
solicitation in violation of this section. 270
(4) This act shall be severable under Section 1-3-77. 271
SECTION 8. This act shall take effect and be in force from 272
and after July 1, 2026. 273