Establishes the Missouri Consent and Likeness Protection Act, which provides requirements for contracts for the use of an individual's identifiable attributes

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

Establishes the Missouri Consent and Likeness Protection Act, which provides requirements for contracts for the use of an individual's identifiable attributes

The following summaries of this bill are available: Print All Summaries Introduced Print SB 1502 - This act establishes the "Missouri Consent and Likeness Protection Act" which provides that no adhesion contract, disclaimer or waiver, or condition of entry shall be valid or enforceable if it: (1) Waives or limits an individual's right to bring a civil action for the unauthorized use of the individual's identity attributes; or (2) Grants the right to use an individual's identity attributes without allowing the individual to seek judicial relief.

What This Bill Does

• The following summaries of this bill are available: Print All Summaries Introduced Print SB 1502 - This act establishes the "Missouri Consent and Likeness Protection Act" which provides that no adhesion contract, disclaimer or waiver, or condition of entry shall be valid or enforceable if it: (1) Waives or limits an individual's right to bring a civil action for the unauthorized use of the individual's identity attributes; or (2) Grants the right to use an individual's identity attributes without allowing the individual to seek judicial relief.
• As it relates to the use of identity attributes, any provision that purports to release liability, require arbitration, waive jury trial, limit damages, or provide consent without reasonable and just compensation shall be void.
• Additionally, the rights and requirements of this act shall not be waived by contract.
• Consent for the commercial or promotional use of identity attributes shall be valid only if the consent is: (1) Affirmative, explicit, and written; (2) Negotiated by all parties in good faith; (3) Separate and distinct from any general terms or conditions; (4) Clearly describing the specific use of the identity attributes, that such use is limited in a duration not to exceed a period of twenty years, and the certain parties authorized to use the identity attributes; and (5) Whether reasonable and just compensation is provided; and (6) Freely revocable at any time.

Limits and Unknowns

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Official Summary Text

The following summaries of this bill are available:

Print All Summaries

Introduced

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SB 1502 - This act establishes the "Missouri Consent and Likeness Protection Act" which provides that no adhesion contract, disclaimer or waiver, or condition of entry shall be valid or enforceable if it:
(1) Waives or limits an individual's right to bring a civil action for the unauthorized use of the individual's identity attributes; or
(2) Grants the right to use an individual's identity attributes without allowing the individual to seek judicial relief.

As it relates to the use of identity attributes, any provision that purports to release liability, require arbitration, waive jury trial, limit damages, or provide consent without reasonable and just compensation shall be void. Additionally, the rights and requirements of this act shall not be waived by contract.

Consent for the commercial or promotional use of identity attributes shall be valid only if the consent is:
(1) Affirmative, explicit, and written;
(2) Negotiated by all parties in good faith;
(3) Separate and distinct from any general terms or conditions;
(4) Clearly describing the specific use of the identity attributes, that such use is limited in a duration not to exceed a period of twenty years, and the certain parties authorized to use the identity attributes; and
(5) Whether reasonable and just compensation is provided; and
(6) Freely revocable at any time.

Additionally, consent for the use of identity attributes shall not be implied by an individual's entry onto premises, presence in a public or quasi-public space, participation in an activity, purchase of a ticket, or failure to read or object to posted terms. Furthermore, consent for the commercial or promotional use of identity attributes obtained through adhesion contracts or disclaimers or waivers shall be conclusively presumed invalid.

Any individual whose identity attributes are used in violation of this act may bring a civil action for damages. The court may award a prevailing plaintiff any actual damages, statutory damages of not less than $10,000 per violation, the disgorgement of profits earned through the use of the identity attributes, injunctive and declaratory relief, and reasonable attorney's fees and costs.

Additionally, the Attorney General may investigate and bring an enforcement action to enjoin any act or practice which is a violation of this act. Upon a showing of a violation, the Attorney General may seek a civil penalty of up to $25,000 per violation.

Lastly, this act shall apply to any entity doing business in Missouri and to any individual physically present in Missouri at the time of the alleged violation.
KATIE O'BRIEN

Current Bill Text

SECOND REGULAR SESSION
SENATE BILL NO. 1502
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
6522S.01I KRISTINA MARTIN, Secretary
AN ACT
To amend chapter 434, RSMo, by adding thereto one new section relating to contracts for the use
of an individual's identifiable attributes, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Chapter 434, RSMo, is amended by adding thereto 1
one new section, to be known as section 434.120, to read as 2
follows:3
434.120. 1. This section shall be known and may be 1
cited as the "Missouri Consent and Likeness Protection Act". 2
2. As used in this section, the following terms mean: 3
(1) "Adhesion contract", any contract, waiver, 4
release, disclaimer, or terms of entry that is: 5
(a) Presented on a take-it-or-leave-it basis; 6
(b) Not subject to meaningful negotiation; or 7
(c) Required as a condition of entry, participation, 8
service, or access; 9
(2) "Disclaimer or waiver", any written, posted, 10
digital, or verbal statement purporting to limit liability, 11
obtain consent, or waive legal rights, including, but not 12
limited to, terms or language provided by any posted sign, 13
ticket, website, or mobile application, linked by a quick 14
response code, or by statements asserting consent by 15
entering, by participating, by remaining on the premises, or 16
similar conditions; 17
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(3) "Identity attributes", an individual's name, 18
image, photograph, voice, likeness, signature, biometric 19
identifiers, digital replica, persona, or any substantially 20
similar identifying characteristics. 21
3. No adhesion contract, disclaimer or waiver, or 22
condition of entry shall be valid or enforceable if it: 23
(1) Waives or limits an individual's right to bring a 24
civil action for the unauthorized use of the individual's 25
identity attributes; or 26
(2) Grants a company or third party the right to use 27
an individual's identity attributes without allowing the 28
individual to seek judicial relief. 29
4. Any provision that purports to release liability, 30
require arbitration, waive jury trial, limit damages, or 31
provide consent without reasonable and just compensation 32
shall be void as against public policy when applied to the 33
use of identity attributes. 34
5. For purposes of this section, consent shall not be 35
implied by: 36
(1) Entry onto premises; 37
(2) Presence in a public or quasi-public space; 38
(3) Participation in an activity; 39
(4) Purchase of a ticket; or 40
(5) Failure to read or object to posted terms. 41
6. Consent for the commercial or promotional use of 42
identity attributes shall be valid only if the consent is: 43
(1) Affirmative, explicit, and written; 44
(2) Negotiated by all parties in good faith; 45
(3) Separate and distinct from any general terms or 46
conditions; 47
(4) Clearly describing: 48
(a) The specific use of the identity attributes; 49
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(b) That the use of the identity attributes is limited 50
in duration, which shall not to exceed a period of twenty 51
years; 52
(c) The parties authorized to use the identity 53
attributes; and 54
(d) Whether reasonable and just compensation for the 55
identity attributes is provided relevant to the negotiated 56
duration; and 57
(5) Freely revocable at any time. 58
7. Consent for the commercial or promotional use of 59
identity attributes obtained through adhesion contracts or 60
disclaimers or waivers shall be conclusively presumed 61
invalid. 62
8. Any individual whose identity attributes are used 63
in violation of this section may bring a civil action for 64
damages in a court of competent jurisdiction. The court may 65
award a prevailing plaintiff: 66
(1) Actual damages; 67
(2) Statutory damages of not less than ten thousand 68
dollars per violation, with each unauthorized use of an 69
individual's identity attributes constituting a separate 70
violation; 71
(3) Disgorgement of profits; 72
(4) Injunctive relief; 73
(5) Declaratory relief; and 74
(6) Reasonable attorney's fees and costs. 75
9. Whenever any individual or entity is engaged or 76
appears to be engaged in any act or practice which is a 77
violation of this section, the attorney general may: 78
(1) Investigate possible violations of this section; 79
(2) Bring an enforcement action to enjoin such act or 80
practice; and 81
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(3) Upon a showing of a violation, seek a civil 82
penalty of up to twenty-five thousand dollars per violation, 83
with each unauthorized use of an individual's identity 84
attributes constituting a separate violation. 85
10. The rights and requirements established by this 86
section shall not be waived by contract. 87
11. This section shall apply to any entity doing 88
business in this state and to any individual physically 89
present in this state at the time of the alleged violation. 90
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