(a)–(f) As used in this chapter, the following terms have the meaning herein ascribed unless the context clearly requires otherwise: (a) "Definable groupDefinable group"Definable group" means an assemblage of individuals existing or brought together with or without interrelation, orderly form, or arrangement, including, but not limited to, a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team;Section 2(a)" means an assemblage of individualsIndividual"Individual" means human being, living or dead;Section 2(b) existing or brought together with or without interrelation, orderly form, or arrangement, including, but not limited to, a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team; (b) "IndividualIndividual"Individual" means human being, living or dead;Section 2(b)" means human being, living or dead; (c) "LikenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c)" means the use of an image of an individualIndividual"Individual" means human being, living or dead;Section 2(b) for commercial purposes; (d) "PersonPerson"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 2(d)" means any individualIndividual"Individual" means human being, living or dead;Section 2(b), 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; (e) "PhotographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e)" means any photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e) or photographic reproduction, still or moving, or any videotape or live television transmission, of any individualIndividual"Individual" means human being, living or dead;Section 2(b) is readily identifiable; and (f) "VoiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f)" means a sound in a medium that is readily identifiable and attributable to a particular individualIndividual"Individual" means human being, living or dead;Section 2(b), regardless of whether the sound contains the actual voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or a simulation of the voice of the individualIndividual"Individual" means human being, living or dead;Section 2(b).

(1) Every individualIndividual"Individual" means human being, living or dead;Section 2(b) has a property right in the use of that individualIndividual"Individual" means human being, living or dead;Section 2(b)'s name, photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c) in any medium in any manner.

(2) The individualIndividual"Individual" means human being, living or dead;Section 2(b) rights provided for in subsection (1) constitute property rights and are freely assignable and licensable, and do not expire upon the death of the individualIndividual"Individual" means human being, living or dead;Section 2(b) so protected, whether or not such rights were commercially exploited by the individualIndividual"Individual" means human being, living or dead;Section 2(b) during the individualIndividual"Individual" means human being, living or dead;Section 2(b)'s lifetime, but shall be descendible to the executors, assigns, heirs, or devisees of the individualIndividual"Individual" means human being, living or dead;Section 2(b) so protected by this section.

(1) The rights provided for in this act shall be deemed exclusive to the individualIndividual"Individual" means human being, living or dead;Section 2(b), subject to the assignment or licensing of such rights as provided in Section 3 of this act, during such individualIndividual"Individual" means human being, living or dead;Section 2(b)'s lifetime and to the executors, heirs, assigns or devisees for a period of ten (10) years after the death of the individualIndividual"Individual" means human being, living or dead;Section 2(b).

(2)(a)–(b) Commercial exploitation of the property right by any executor, assignee, heir or devisee if the individualIndividual"Individual" means human being, living or dead;Section 2(b) is deceased shall maintain the right as the exclusive property of the executor, assignee, heir or devisee until such right is terminated as provided in this subsection (2). (b) (i) The exclusive right to commercial exploitation of the property rights is terminated by proof of the nonuse of the name, photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likeness of an individualIndividual"Individual" means human being, living or dead;Section 2(b) for commercial purposes by an executor, assignee, heir or devisee to the use for a period of two (2) years subsequent to the initial period of ten (10) years following the individualIndividual"Individual" means human being, living or dead;Section 2(b)'s death. (ii) For the purposes of subparagraph (i) of this paragraph (b), "use" includes the commercial availability of a sound recording or audiovisual work in which the individualIndividual"Individual" means human being, living or dead;Section 2(b)'s name, photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c) is readily identifiable.

(1)(a) 1 Any personPerson"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 2(d) who knowingly uses or infringes upon the use of an individualIndividual"Individual" means human being, living or dead;Section 2(b)'s name, photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c) in any medium, in any manner directed to any personPerson"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 2(d) other than such individualIndividual"Individual" means human being, living or dead;Section 2(b), for purposes of advertising products, merchandise, goods or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods or services, without such individualIndividual"Individual" means human being, living or dead;Section 2(b)'s prior consent, or, in the case of a minor, the prior consent of such minor's parent or legal guardian, or in the case of a deceased individualIndividual"Individual" means human being, living or dead;Section 2(b), the consent of the executor or administrator, heirs, or devisees of such deceased individualIndividual"Individual" means human being, living or dead;Section 2(b), is liable to a civil action.

(1)(b) 2 A personPerson"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 2(d) is liable to a civil action if the personPerson"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 2(d) publishes, performs, distributes, transmits or otherwise makes available to the public an individualIndividual"Individual" means human being, living or dead;Section 2(b)'s voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c), with knowledge that use of the voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c) was not authorized by the individualIndividual"Individual" means human being, living or dead;Section 2(b) or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individualIndividual"Individual" means human being, living or dead;Section 2(b), the executor or administrator, heirs, or devisees of such deceased individualIndividual"Individual" means human being, living or dead;Section 2(b).

(1)(c) 3 A personPerson"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 2(d) is liable to a civil action if the personPerson"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 2(d) distributes transmits or otherwise makes available an algorithm, software, tool or other technology, service or device, is the production of a particular, identifiable individualIndividual"Individual" means human being, living or dead;Section 2(b)'s photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c), with knowledge that distributing, transmitting or otherwise making available the photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c) was not authorized by the individualIndividual"Individual" means human being, living or dead;Section 2(b) or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individualIndividual"Individual" means human being, living or dead;Section 2(b), the executor or administrator, heirs or devisees of such deceased individualIndividual"Individual" means human being, living or dead;Section 2(b).

(2) In addition to the civil action authorized by this section and the remedies set out in Section 6 of this act, any personPerson"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 2(d) who commits unauthorized use as defined in subsection (1) is guilty of a misdemeanor, and upon conviction shall be punishable by imprisonment in the county jail for a period not to exceed eleven (11) months and twenty-nine (29) days, a fine not to exceed Three Thousand Dollars ($3,000.00), or both.

(3) It is no defense to the unauthorized use defined in subsection (1) that the photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e) includes more than one (1) individualIndividual"Individual" means human being, living or dead;Section 2(b) so identifiable; provided, that the individualIndividual"Individual" means human being, living or dead;Section 2(b) or individualsIndividual"Individual" means human being, living or dead;Section 2(b) complaining of the use shall be represented as individualsIndividual"Individual" means human being, living or dead;Section 2(b) per se rather than solely as members of a definable groupDefinable group"Definable group" means an assemblage of individuals existing or brought together with or without interrelation, orderly form, or arrangement, including, but not limited to, a crowd at any sporting event, a crowd in any street or public building, the audience at any theatrical or stage production, a glee club, or a baseball team;Section 2(a) represented in the photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e).

(4) If an unauthorized use as defined in subsection (1) is by means of products, merchandise, goods or other tangible personal property, all such property, including all instrumentalities used in connection with the unauthorized use by the personPerson"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 2(d) violating this section, is declared contraband and subject to seizure by, and forfeiture to, the state in the same manner as is provided by law for the seizure and forfeiture of other contraband items.

(1) The chancery and circuit court having jurisdiction for any action arising pursuant to this act may grant injunctions on such terms as it may deem reasonable to prevent or restrain the unauthorized use of an individualIndividual"Individual" means human being, living or dead;Section 2(b)'s name, photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c). As part of such injunction, the court may authorize the confiscation of all unauthorized items and seize all instrumentalities used in connection with the violation of the individualIndividual"Individual" means human being, living or dead;Section 2(b)'s rights. All instrumentalities seized pursuant to enforcing an injunction under this subsection (1) shall be liquidated and used to satisfy statutory damages, if damages are recovered by the rights holder.

(2) At any time while an action under this section is pending, the court may order the impounding, on such terms as it may deem reasonable, of all materials or any part thereof claimed to have been made or used in violation of the individualIndividual"Individual" means human being, living or dead;Section 2(b)'s rights, and such court may enjoin the use of all plates, molds, matrices, masters, tapes, film negatives or other articles by means of which such materials may be reproduced.

(3) As part of a final judgment or decree, the court may order the destruction or other reasonable disposition of all materials found to have been made or used in violation of the individualIndividual"Individual" means human being, living or dead;Section 2(b)'s rights, and of all plates, molds, matrices, masters, tapes, film negatives or other articles by means of which such materials may be reproduced.

(4)(a)–(b) An individualIndividual"Individual" means human being, living or dead;Section 2(b) is entitled to recover the actual damages suffered as a result of the knowing use or infringement of such individualIndividual"Individual" means human being, living or dead;Section 2(b)'s rights and any profits that are attributable to such use or infringement which are not taken into account in computing the actual damages. Profit or lack thereof by the unauthorized use or infringement of an individualIndividual"Individual" means human being, living or dead;Section 2(b)'s rights shall be a criteria of determining liability. (b) An individualIndividual"Individual" means human being, living or dead;Section 2(b) is entitled to recover three (3) times the amount to which the individualIndividual"Individual" means human being, living or dead;Section 2(b) is entitled under paragraph (a) of this subsection (4), plus reasonable attorney fees, if a personPerson"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 2(d) knowingly uses or infringes the rights of a member of the armed forces in violation of this act. As used in this paragraph (b) "member of the Armed Forces" means a member of the United States Armed Forces or a member of a reserve or Mississippi National Guard unit who is in, or was called into, active service or active military service of the United States.

(5) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.

(6) Where a personPerson"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 2(d) has entered into a contract for an individualIndividual"Individual" means human being, living or dead;Section 2(b)'s exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture an individualIndividual"Individual" means human being, living or dead;Section 2(b)'s audio performances, an action to enforce the rights set forth in this section may be brought by the personPerson"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 2(d) or the individualIndividual"Individual" means human being, living or dead;Section 2(b).

(1)(a)–(e) To the extent such use is protected by the First Amendment to the United States Constitution, it is deemed a fair use and not a violation of an individualIndividual"Individual" means human being, living or dead;Section 2(b)'s right, for purposes of this section, if the use of a name, photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c) is: (a) In connection with any news, public affairs or sports broadcast or account; (b) For purpose of comment, criticism, scholarship, satire or parody; (c) A representation of the individualIndividual"Individual" means human being, living or dead;Section 2(b) as the individualIndividual"Individual" means human being, living or dead;Section 2(b)'s self in an audiovisual work, as defined under 17 USCS Section 101, unless the audiovisual work containing the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individualIndividual"Individual" means human being, living or dead;Section 2(b) participated; (d) Fleeting or incidental; or (e) Is an advertisement or commercial announcement for a work described in this subsection (1).

(2) The use of a name, photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c) in a commercial medium does not constitute a use for purposes of advertising or solicitation solely because the material containing such use is commercially sponsored or contains paid advertising. Rather it shall be a question of fact whether or not the use of the complainant individualIndividual"Individual" means human being, living or dead;Section 2(b)'s name, photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c) was so directly connected with the commercial sponsorship or with the paid advertising as to constitute a use for purposes of advertising or solicitation.

(3) Nothing in this section applies to the owners or employees of any medium used for advertising, including, but not limited to, newspapers, magazines, radio and television stations, billboards and transit ads, who have published or disseminated any advertisement or solicitation in violation of this section, unless it is established that such owners or employees had knowledge or reasonably should have known of the unauthorized use of the individualIndividual"Individual" means human being, living or dead;Section 2(b)'s name, photographPhotograph"Photograph" means any photograph or photographic reproduction, still or moving, or any videotape or live television transmission, of any individual is readily identifiable;Section 2(e), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.Section 2(f) or likenessLikeness"Likeness" means the use of an image of an individual for commercial purposes;Section 2(c) as prohibited by this section.

This act shall take effect and be in force from and after July 1, 2025.