Bill Text: MS SB2046 | 2026 | Regular Session | Engrossed

Mississippi Senate Bill 2046

MS State Legislature page for SB2046

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

Sponsorship: Slight Partisan Bill (Democrat 7-3)

Status: (Failed) 2026-03-03 - Died In Committee [SB2046 Detail]

Download: Mississippi-2026-SB2046-Engrossed.html

MISSISSIPPI LEGISLATURE

2026 Regular Session

To: Universities and Colleges

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

Senate Bill 2046

(As Passed the Senate)

AN ACT TO CREATE NEW SECTION 75-101-1, MISSISSIPPI CODE OF 1972, TO ESTABLISH A SHORT TITLE FOR THE MISSISSIPPIANS' RIGHT TO NAME, LIKENESS AND VOICE ACT; TO CREATE NEW SECTION 75-101-3, MISSISSIPPI CODE OF 1972, TO DEFINE TERMS; TO CREATE NEW SECTION 75-101-5, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT EVERY INDIVIDUAL HAS A PROPERTY RIGHT IN HIS OR HER OWN NAME, LIKENESS AND VOICE; TO CREATE NEW SECTION 75-101-7, MISSISSIPPI CODE OF 1972, TO PROVIDE CERTAIN LIABILITY FOR PERSONS OR ENTITIES WHO INFRINGE ON AN INDIVIDUAL'S RIGHTS UNDER THIS ACT; TO CREATE NEW SECTION 75-101-9, MISSISSIPPI CODE OF 1972, TO PROVIDE A FIRST AMENDMENT DEFENSE TO CIVIL ACTIONS BROUGHT UNDER THIS ACT; TO CREATE NEW SECTION 75-101-11, MISSISSIPPI CODE OF 1972, TO PROVIDE LIABILITY FOR THE COMMERCIAL USE OF AN INDIVIDUAL'S NAME, VOICE OR LIKENESS; TO CREATE NEW SECTION 75-101-13, MISSISSIPPI CODE OF 1972, TO STATE THE RELATIONSHIP OF THE ACT TO OTHER LAWS; TO PROVIDE THAT THIS ACT IS SEVERABLE; AND FOR RELATED PURPOSES.

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

SECTION 1. The following shall be codified as Section 75-101-1, Mississippi Code of 1972:

75-101-1. This chapter shall be known and may be cited as the "Mississippians' Right to Name, Likeness and Voice Act."

SECTION 2. The following shall be codified as Section 75-101-3, Mississippi Code of 1972:

75-101-3. As used in this chapter, the following terms have the meaning ascribed herein unless the context clearly requires otherwise:

(a) "Commercial use" means the use of the name, voice or likeness of an individual on or in any product, merchandise or good or for the purposes of advertising, marketing, selling or soliciting the purchase of any product, merchandise, good or service.

(b) "Digital depiction" means a newly created, computer-generated or digitally altered image or video of an individual, created in whole or in part using digital technology, including artificial intelligence, that realistically represents the individual's likeness in a manner in which the individual did not actually appear or perform.

(c) "Digital technology" means a technology or device now known or hereafter created, such as computer software, artificial intelligence, machine learning, quantum computing or other similar technologies or devices.

(d) "Digital voice replica" means a newly created, computer-generated or digitally altered audio recording of an individual's voice, created in whole or in part using digital technology, including artificial intelligence, that realistically represents the individual's voice in a manner in which the individual did not actually speak or perform.

(e) "Individual" means a natural person, living or dead.

(f) "Likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness or other distinguishing characteristic, or from other information displayed in connection with the likeness.

(g) "Name" means the first name, last name, full name or the nickname of a person when used in a context that reasonably identifies the person with particularity.

(h) "Personalized cloning service" means an algorithm, software, tool or other technology, service or device the primary purpose or function of which is to produce one or more digital voice replicas or digital depictions of specific, identified individuals without authorization.

(i) "Person" means any individual, firm, association, partnership, corporation, joint-stock company, syndicate, receiver, common-law trust, conservator, statutory trust or any other concern by whatever name known or however organized, formed or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, community, civic or other organizations.

SECTION 3. The following shall be codified as Section

75-101-5, Mississippi Code of 1972:

75-101-5. (1) Every individual in this state has a property right in his or her own name, likeness and voice.

(2) The rights provided for in subsection (1) of this section are freely transferable, licensable and descendible, in whole or in part, and do not expire upon the death of the individual, whether or not such rights were commercially exploited by the individual during the individual's lifetime.

(3) The rights provided for in subsection (1) of this section shall be exclusive to the individual, subject to the transfer of such rights as provided in subsection (2) of this section during such individual's lifetime and to the executors, heirs, transferees or devisees for a period of ten (10) years after the death of the individual, and shall be terminated on the date that is ten (10) years after the death of the individual.

(4) An agreement authorizing the use of a digital depiction or digital voice replica for a new performance of the individual in an advertisement or expressive work shall be unenforceable as it relates to a new performance, fixed on or after January 1, 2027, by a digital depiction or digital voice replica of the individual if the provision meets all of the following conditions:

(a) The provision allows for the creation and use of a digital depiction or digital voice replica in place of work the individual would otherwise have performed in person:

(i) Except as provided in subparagraph (ii) of this paragraph, the provision does not include a reasonably specific description of the intended uses of the digital depiction or digital voice replica.

(ii) Failure to include a reasonably specific description of the intended uses of a digital depiction or digital voice replica does not render the provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.

(b) The individual was not represented in either of the following manners:

(i) By legal counsel who negotiated on behalf of the individual licensing such digital replica rights, and the commercial terms are stated clearly and conspicuously in a contract or other writing signed or initialed by the individual; or

(ii) By a labor union representing workers who do the proposed work, and the terms of their collective bargaining agreement expressly addresses uses of digital replicas.

(5) Subsection (4) of this section does not affect provisions of a contract other than those that fall under an agreement described therein, and does not impact, abrogate or otherwise affect any exclusivity grants contained in, or related to, a provision subject to such an agreement.

(6) The rights provided by this section may only be enforced by the terms of Sections 75-101-7 and 75-101-11.

SECTION 4. The following shall be codified as Section 75-101-7, Mississippi Code of 1972:

75-101-7. (1) Any person or entity shall be liable for damages as set forth in subsection (2) of this section if the person or entity, without consent of the holder of the likeness or voice rights affected thereby:

(a) Distributes, transmits or otherwise makes available to the public a personalized cloning service; or

(b) Publishes, performs, distributes, transmits or otherwise makes available to the public a digital voice replica or digital depiction with knowledge that the digital voice replica or digital depiction was not authorized by the holder of the likeness or voice rights affected thereby.

(2) In any action brought under this act:

(a) The person or entity who violated this act shall be liable to the injured party or parties in an amount equal to the greater of:

(i) In the case of a violation of subsection (1)(a) of this section, or the facilitation thereof, Fifty Thousand Dollars ($50,000.00) per violation or the actual damages suffered by the injured party or parties as a result of the unauthorized use, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages, whichever is greater; and

(ii) In the case of a violation of subsection (1)(b) of this section, or the facilitation thereof, Five Thousand Dollars ($5,000.00) per violation or the actual damages suffered by the injured party or parties as a result of the unauthorized use, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages, whichever is greater.

(b) In establishing profits under this paragraph, the injured party or parties shall be required only to present proof of the gross revenue attributable to the unauthorized use, and the person or entity who violated this section shall be required to prove his or her expenses deductible therefrom.

(c) Punitive damages under Section 11-1-65 and reasonable attorney's fees may also be awarded to the injured party or parties.

(d) It shall not be a defense to an allegation of a violation of subsection (1) of this section that the unauthorized user displayed or otherwise communicated to the public a disclaimer stating that the digital depiction, digital voice replica or personalized cloning service was unauthorized or that the individual rights owner did not participate in the creation, development, distribution or dissemination of the unauthorized digital depiction, digital voice replica or personalized cloning service.

(e) An action to enforce this section may be brought by:

(i) The individual whose likeness or voice is at issue;

(ii) Any other person or entity to which the individual has assigned or exclusively licensed his or her likeness or voice rights; or

(iii) In the case of an individual who performs music as a profession and has not authorized the use at issue, by any person or entity that has entered into a contract for the individual's exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture the individual's audio performances.

(3) Liability under this section for the unauthorized use of a digital depiction or digital voice replica shall attach only when the digital depiction or digital voice replica is sufficiently realistic that a reasonable person would believe it to be a genuine appearance or performance of the individual, and the depiction or replica materially alters, fabricates or substitutes the individual's appearance or performance in a manner in which the individual did not actually appear or perform.

(4) A provider of an interactive computer service, as defined in 47 USC �  230(f), or an information service or communications service, as defined in 47 USC � 153, shall not be liable under this section for content uploaded by a user of the service.

SECTION 5. The following shall be codified as Section 75-101-9, Mississippi Code of 1972:

75-101-9. It is not a violation of the rights provided under this title if the use of an individual's likeness is:

(a) Part of a bona fide news, public affairs or sports broadcast or account, provided that the use is the subject of, or is materially relevant to, the subject of such broadcast or account;

(b) A representation of the applicable individual as the individual in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless:

(i) The use creates the false impression that the work is an authentic sound recording, image, transmission or audiovisual work in which the individual participated; or

(ii) The use is embodied in a music sound recording that is synchronized to accompany a motion picture or other audiovisual work, except to the extent that this use is protected by the First Amendment to the Constitution of the United States;

(c) Produced or used consistent with the public interest in bona fide commentary, criticism, scholarship, satire or parody;

(d) Fleeting or negligible; or

(e) Part of an advertisement or commercial announcement for a purpose described in paragraphs (a) through (d) of this subsection and the applicable use is relevant to the subject of the work so advertised or announced.

SECTION 6. The following shall be codified as Section 75-101-11, Mississippi Code of 1972:

75-101-11. (1) Any commercial use of the name, voice or likeness of an individual by a firm, business or another person without first having obtained written consent for such use is subject to:

(a) Injunctive relief to prevent or restrain the unauthorized use; and

(b) An action at law for any injuries sustained by reason of the unauthorized use. In such a suit, the plaintiff may recover:

(i) Actual damages, including any profits derived from and attributable to the unauthorized use;

(ii) Treble damages, if the trier of fact finds that the defendant did not make a good-faith effort to secure authorization for the use or if consent was requested, but not given; and

(iii) Reasonable attorney's fees, court costs and reasonable expenses associated with any civil action brought, in whole or in part, under this act.

(2) No civil action shall be maintained under the provisions of this section unless it is commenced within four (4) years after the party seeking to bring the claim discovered, or with due diligence should have discovered, the violation.

SECTION 7. The following shall be codified as Section 75-101-13, Mississippi Code of 1972:

75-101-13. (1) Nothing in this act shall be construed to limit any rights an individual may have under any other law providing protections against the unauthorized use of an individual's name, likeness or voice. Nothing in this act shall apply to student-athletes within the statutory framework of Section 37-97-101 et seq.; provided, however, that when any individual ceases to be a student-athlete at an intercollegiate athletics program, such individual shall be availed of the provisions of this act.

(2) Nothing in this act shall be construed to apply to a provider of a telecommunications service or an information service, as defined in 47 USC � 153, for content provided by another person.

(3) Nothing in this act shall be construed to apply to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television stations, cable providers, producers, or programmers, streaming platforms, mobile applications, billboards and transit ads, who are paid to publish or disseminate any advertisement or solicitation in violation of this section.

(4) This act shall be severable under Section 1-3-77.

SECTION 8. This act shall take effect and be in force from and after July 1, 2026.