WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This chapter shall be known and may be cited as the "Mississippians' Right to NameName"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.Miss. Code § 75-99-3(g), LikenessLikeness"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.Miss. Code § 75-99-3(f) and VoiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) Act."
Establishes the short title of the act as the Mississippians' Right to Name, Likeness and Voice Act. This section is purely declaratory and creates no compliance obligation.
(a)–(j) As used in this chapter, the following terms have the meaning herein ascribed unless the context clearly requires otherwise: (a) "Commercial useCommercial use"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.Miss. Code § 75-99-3(a)" means the use of the nameName"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.Miss. Code § 75-99-3(g), voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) or likeness of an individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) 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 depictionDigital depiction"Digital depiction" means a replica, imitation or approximation of the likeness of an individual that is created or altered, in whole or in part, using digital technology.Miss. Code § 75-99-3(b)" means a replica, imitation or approximation of the likeness of an individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) that is created or altered, in whole or in part, using digital technologyDigital technology"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.Miss. Code § 75-99-3(c). (c) "Digital technologyDigital technology"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.Miss. Code § 75-99-3(c)" 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 replicaDigital voice replica"Digital voice replica" means an audio rendering that is created or altered, in whole or in part, using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations or approximations of an individual that the individual did not actually perform.Miss. Code § 75-99-3(d)" means an audio rendering that is created or altered, in whole or in part, using digital technologyDigital technology"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.Miss. Code § 75-99-3(c) and is fixed in a sound recording or audiovisual work which includes replications, imitations or approximations of an individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) that the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) did not actually perform. (e) "IndividualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e)" means a natural 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.Miss. Code § 75-99-3(i), living or dead. (f) "LikenessLikeness"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.Miss. Code § 75-99-3(f)" means the actual or simulated image or likeness of an individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e), regardless of the means of creation, that is readily identifiable as the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) by virtue of the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e)'s face, likenessLikeness"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.Miss. Code § 75-99-3(f) or other distinguishing characteristic, or from other information displayed in connection with the likenessLikeness"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.Miss. Code § 75-99-3(f). (g) "NameName"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.Miss. Code § 75-99-3(g)" means the first nameName"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.Miss. Code § 75-99-3(g), last nameName"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.Miss. Code § 75-99-3(g), full nameName"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.Miss. Code § 75-99-3(g) or the nickname of 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.Miss. Code § 75-99-3(i) when used in a context that reasonably identifies 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.Miss. Code § 75-99-3(i) with particularity. (h) "Personalized cloning servicePersonalized cloning service"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 particular, identified individuals.Miss. Code § 75-99-3(h)" 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 replicasDigital voice replica"Digital voice replica" means an audio rendering that is created or altered, in whole or in part, using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations or approximations of an individual that the individual did not actually perform.Miss. Code § 75-99-3(d) or digital depictions of particular, identified individualsIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e). (i) "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.Miss. Code § 75-99-3(i)" means any individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e), firm, association, partnership, corporation, joint-stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever nameName"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.Miss. Code § 75-99-3(g) 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. (j) "VoiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j)" means sounds in any medium containing the actual voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) or a simulation of the voice of an individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e), whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technologyDigital technology"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.Miss. Code § 75-99-3(c), service or device, to the extent that the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) depicted or simulated is readily identifiable from the sound of the voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) or simulation of the voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j), or from other information displayed in connection therewith.
Defines the key terms used throughout the act. Notable definitions include digital depiction and digital voice replica, which together capture AI-generated replicas of an individual's likeness and voice. Personalized cloning service targets tools whose primary purpose is producing such replicas of particular, identified individuals. The definition of digital technology is deliberately broad, encompassing artificial intelligence, machine learning, and quantum computing.
(1)–(3) Every individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) has a property right in their own nameName"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.Miss. Code § 75-99-3(g), likenessLikeness"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.Miss. Code § 75-99-3(f) and voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j). (2) The rights provided for in subsection (1) constitute intellectual property rights and are freely transferable and descendible, in whole or in part, and do not expire upon the death of the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e), whether or not such rights were commercially exploited by the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) during the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e)'s lifetime. (3) The rights provided for in subsection (1) shall be exclusive to the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e), subject to the transfer of such rights as provided in subsection (2) during such individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e)'s lifetime and to the executors, heirs, transferees or devisees for a period of ten (10) years after the death of the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e), and shall be terminated by: (a) Proof of the nonuse of the nameName"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.Miss. Code § 75-99-3(g), likenessLikeness"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.Miss. Code § 75-99-3(f) or voice of any individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) for commercial purposes by an executor, transferee, heir or devisee to such use for a period of two (2) years subsequent to the initial ten-year period following the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e)'s death; or (b) The death of all executors, transferees, heirs or devisees.
(4) 1 An agreement authorizing the use of a digital depictionDigital depiction"Digital depiction" means a replica, imitation or approximation of the likeness of an individual that is created or altered, in whole or in part, using digital technology.Miss. Code § 75-99-3(b) or digital voice replicaDigital voice replica"Digital voice replica" means an audio rendering that is created or altered, in whole or in part, using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations or approximations of an individual that the individual did not actually perform.Miss. Code § 75-99-3(d) for a new performance of the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) in an advertisement or expressive work shall be valid only if: (a) The applicable individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) was: (i) Represented by counsel in the transaction and the agreement was in writing; and (ii) Eighteen (18) years of age or older at the time of entry into the agreement, or, if under eighteen (18) years of age at that time, the agreement is approved by a court in accordance with applicable state law; or (b) The terms of the agreement are governed by a collective bargaining agreement.
Establishes that every individual holds a property right in their own name, likeness, and voice. These rights are freely transferable, descendible, and survive death for at least ten years — potentially longer if commercially exploited during that period. Termination occurs upon either two years of non-commercial-use following the initial ten-year post-death period, or the death of all executors, transferees, heirs, or devisees.
Subsection (4) imposes specific validity requirements for agreements authorizing digital depictions or digital voice replicas in new performances: the individual must have been represented by counsel, the agreement must be in writing, and the individual must have been 18 or older (or the agreement must be court-approved). Collective bargaining agreements are a recognized alternative basis for authorization.
(1)(a) 2 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.Miss. Code § 75-99-3(i) or entity shall be liable for damages as set forth in subsection (2) of this section 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.Miss. Code § 75-99-3(i) or entity without consent of the holder of the likenessLikeness"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.Miss. Code § 75-99-3(f) or voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) rights affected thereby: (a) Distributes, transmits or otherwise makes available to the public a personalized cloning servicePersonalized cloning service"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 particular, identified individuals.Miss. Code § 75-99-3(h);
(1)(b) 3 Publishes, performs, distributes, transmits or otherwise makes available to the public a digital voice replicaDigital voice replica"Digital voice replica" means an audio rendering that is created or altered, in whole or in part, using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations or approximations of an individual that the individual did not actually perform.Miss. Code § 75-99-3(d) or digital depictionDigital depiction"Digital depiction" means a replica, imitation or approximation of the likeness of an individual that is created or altered, in whole or in part, using digital technology.Miss. Code § 75-99-3(b) with knowledge that the digital voice replicaDigital voice replica"Digital voice replica" means an audio rendering that is created or altered, in whole or in part, using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations or approximations of an individual that the individual did not actually perform.Miss. Code § 75-99-3(d) or digital depictionDigital depiction"Digital depiction" means a replica, imitation or approximation of the likeness of an individual that is created or altered, in whole or in part, using digital technology.Miss. Code § 75-99-3(b) was not authorized by the holder of the likenessLikeness"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.Miss. Code § 75-99-3(f) or voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) rights affected thereby;
(1)(c) 4 Materially contributes to, directs or otherwise facilitates any of the conduct proscribed in paragraphs (a) or (b) of this subsection with knowledge that the holder of the affected likenessLikeness"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.Miss. Code § 75-99-3(f) or voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) rights has not consented to the conduct.
(2)(a)–(e) In any action brought under this section: (a) 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.Miss. Code § 75-99-3(i) or entity who violated the section 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), 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), 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 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.Miss. Code § 75-99-3(i) 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 depictionDigital depiction"Digital depiction" means a replica, imitation or approximation of the likeness of an individual that is created or altered, in whole or in part, using digital technology.Miss. Code § 75-99-3(b), digital voice replicaDigital voice replica"Digital voice replica" means an audio rendering that is created or altered, in whole or in part, using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations or approximations of an individual that the individual did not actually perform.Miss. Code § 75-99-3(d) or personalized cloning servicePersonalized cloning service"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 particular, identified individuals.Miss. Code § 75-99-3(h) was unauthorized or that the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) rights owner did not participate in the creation, development, distribution or dissemination of the unauthorized digital depictionDigital depiction"Digital depiction" means a replica, imitation or approximation of the likeness of an individual that is created or altered, in whole or in part, using digital technology.Miss. Code § 75-99-3(b), digital voice replicaDigital voice replica"Digital voice replica" means an audio rendering that is created or altered, in whole or in part, using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations or approximations of an individual that the individual did not actually perform.Miss. Code § 75-99-3(d) or personalized cloning servicePersonalized cloning service"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 particular, identified individuals.Miss. Code § 75-99-3(h). (e) An action to enforce this section may be brought by: (i) The individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) whose likenessLikeness"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.Miss. Code § 75-99-3(f) or voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) is at issue; (ii) Any other 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.Miss. Code § 75-99-3(i) or entity to which the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) has assigned or exclusively licensed their likenessLikeness"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.Miss. Code § 75-99-3(f) or voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) rights; or (iii) In the case of an individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) who performs music as a profession and has not authorized the use at issue, by 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.Miss. Code § 75-99-3(i) or entity that has entered into a contract for the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e)'s exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture the individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e)'s audio performances.
This is the bill's core enforcement section for AI-generated digital replicas. It creates three categories of prohibited conduct: distributing a personalized cloning service without consent of the rights holder, publishing or distributing unauthorized digital voice replicas or digital depictions with knowledge of non-authorization, and materially facilitating either. The knowledge requirement applies to the publication/distribution prong but notably not to the distribution of a personalized cloning service — that is strict liability once consent is absent.
Damages are tiered: $50,000 per violation for distributing personalized cloning services; $5,000 per violation for publishing unauthorized digital replicas — in each case, the greater of statutory damages or actual damages plus disgorgement. Punitive damages and attorney's fees are also available. A disclaimer does not constitute a defense.
In evaluating any First Amendment defense to an alleged violation of Section 75-99-7(1), the public interest in access to the use shall be balanced against the intellectual property interest in the likenessLikeness"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.Miss. Code § 75-99-3(f) or voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j). Factors to be considered may include any of the following: (a) The use is fleeting or negligible; (b) The use is commercial; (c) The individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) whose likenessLikeness"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.Miss. Code § 75-99-3(f) or voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) is at issue is necessary for and relevant to the primary expressive purpose of the work in which the use appears; or (d) The use competes with or otherwise adversely affects the value of the work of the owner or licensee of the likenessLikeness"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.Miss. Code § 75-99-3(f) or voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) rights at issue.
Provides a First Amendment defense to claims under § 75-99-7(1) by requiring courts to balance the public interest in access to the use against the intellectual property interest in the likeness or voice. The enumerated balancing factors include whether the use is fleeting or negligible, whether it is commercial, whether the individual is necessary and relevant to the primary expressive purpose of the work, and whether the use competes with or adversely affects the value of the rights holder's work. This section creates no affirmative compliance obligation — it is a defense provision.
(1) 5 Any commercial use of the nameName"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.Miss. Code § 75-99-3(g), voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j) or likeness of an individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) by a firm, business or another 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.Miss. Code § 75-99-3(i) without first having obtained written consent for the 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 chapter.
(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.
Creates a separate cause of action for any commercial use of an individual's name, voice, or likeness without first obtaining written consent. This is broader than § 75-99-7 in that it applies to all commercial uses — not limited to digital depictions or digital voice replicas — but narrower in that it requires the use to be commercial. Remedies include injunctive relief, actual damages with disgorgement, treble damages for bad-faith failure to secure authorization, and attorney's fees. A four-year discovery-based statute of limitations applies.
(1) Nothing in this act shall be construed to limit any rights an individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) may have under any other law providing protections against the unauthorized use of an individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e)'s nameName"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.Miss. Code § 75-99-3(g), likenessLikeness"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.Miss. Code § 75-99-3(f) or voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.Miss. Code § 75-99-3(j). Nothing in this act shall apply to student-athletes within the statutory framework of Sections 37-97-101, et. seq.; provided, however, that when any individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) ceases to be a student-athlete at an intercollegiate athletics program, such individualIndividual"Individual" means a natural person, living or dead.Miss. Code § 75-99-3(e) 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 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.Miss. Code § 75-99-3(i).
(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.
A savings and exemption clause. Preserves all existing rights individuals may hold under other law. Exempts student-athletes within the NIL statutory framework (Miss. Code §§ 37-97-101 et seq.) — though those individuals regain coverage upon leaving intercollegiate athletics. Exempts telecommunications service providers and information service providers (as defined in 47 USC § 153) for third-party content. Exempts paid advertising media outlets (newspapers, magazines, TV stations, streaming platforms, etc.) that publish or disseminate violating advertisements. Declares severability under Miss. Code § 1-3-77. This section creates no affirmative compliance obligation.