Key Information about Senate Bill 1800 An Act Relative to the Right of Publicity (updated on 1/25/10)

This bill was filed by State Senator Rosenberg and it expands on an exising state law to better protect artists of all disciplines and Massachusetts Citizens. Below is the information provided by the Senator's Office:

"CURRENT LAW: Chapter 214, Section 3A: Allows a person to protect the use of their image or name in advertising. Exemptions for professional photographers using images in exhibitions.

SUMMARY: The proposed Senate bill 1800 would replace the existing statute and provide protection for the commercial use of an individual’s identity during the individual’s lifetime, and also for seventy-five (75) years after the date of the individual’s death.

Background

The Right of Publicity has been recognized as the law of 28 states, either under common law or statute, including Massachusetts. Thirteen states have a transferable right of publicity that survives death. The duration of the transferred or inherited right ranges from ten (10) to one hundred (100) years.

The existing Massachusetts statute does not explicitly grant a post mortem right of publicity.

The bill, through the definition of “Commercial use” exempts use of an individual’s identity for, among other uses, news reports, commentary, artistic or expressive works, a live performance, works of art theatrical work, musical work, film, television, radio, or the like, except where the use is directly connected with advertising or another commercial use. We believe this statute strikes the appropriate balance between artists’ right of publicity and filmmakers’ freedom of expression.

In addition, the bill exempts a person who provides a medium through which a commercial use is made of an individual’s identity, if the person had no knowledge of the commercial use or if the use was not intended to promote the medium itself.

Estate Planning
Briefly, from an estate planning perspective, this bill clarifies the existence of the right of publicity which can be transferred upon death and therefore allows for effective estate planning for an individual whose right may be a substantial estate asset."

 

WHAT YOU CAN DO

You can Testify in favor of SB1800 and/or send in written testimony as this is an important bill for artists rights:

An Act Relative to the Right to Publicity Senate Bill 1800

---The public hearing for the bill is Thursday, January 28th, 2010- 1pm in room A1 at the Massachusetts State House. It is being heard by the Judiciary Committee and to send in email testimony send it to: Keith.Macfarland(at)state.ma.us - it should be sent in no later than Friday January 29th.

This is an important bill for artists' rights.

HOW TO ADDRESS AND WHAT TO INCLUDE IN YOUR WRITTEN TESTIMONY:

HOW TO ADDRESS YOUR TESTIMONY:

Chairwoman Senator Cynthia Stone Creem and Chairman Representative Eugene L. O'Flaherty

Joint Committee on the Judiciary

Room 136 and Room 416B

Massachusetts State House

Boston MA 02133

Dear Chairwoman Creem, Chairman O'Flaherty and members of the Joint Committee on the Judiciary,

EXAMPLE TEXT:

(PLEASE ONLY USE THIS TEXT AN EXAMPLE- PUT YOUR WRITTEN TESTIMONY IN YOUR OWN WORDS)

I am writing in support of Senate Bill 1800 - An An Act Relative To The Right to Publicity. This is a needed piece of legislation to protect artist's rights. All types of our intellectual property need to be protected ,and even more soin this digital age. This is especially true as it manifests in the need to protect our personality, our image, our namesake or what is now also called "our brand" from being exploited in advertising and in other commercial arenas. This bill allows artists to protect both their legacy and their "brand" they have worked hard to create and to manage.

It is critical that artists of all disciplines are be able to control all forms of our intellectual property- our livelihoods depend on it. Please support SB1800.

Sincerely,

your name, artistic discipline and contact information

To be informed of Massachusetts Legislation that impacts artists of all disciplines and arts small businesses and nonprofits- join the ArtistsUndertheDome.org's free listserv and also see their section on pending Massachusetts legislation.