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 is a naming provision only and creates no compliance obligations.
(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 ten terms central to the act, including digital depiction, digital voice replica, digital technology (explicitly encompassing artificial intelligence, machine learning, and quantum computing), personalized cloning service, and likeness. The definition of personalized cloning service is notable because it captures any algorithm, software, or tool whose primary purpose is to produce digital voice replicas or digital depictions of particular, identified individuals — effectively covering AI voice-cloning and deepfake-generation tools.
(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 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 has a property right in their own name, likeness, and voice, classifying these as intellectual property rights that are freely transferable and descendible. The rights survive death for at least ten years and terminate only upon proof of two consecutive years of nonuse for commercial purposes after the initial ten-year post-mortem period, or upon the death of all executors, transferees, heirs, or devisees.
Subsection (4) imposes validity requirements on agreements authorizing the use of a digital depiction or digital voice replica for new performances: the individual must have been represented by counsel, the agreement must be in writing, the individual must be at least eighteen years old (or have court approval), or the terms must be governed by a collective bargaining agreement. This creates a consent-validity framework that AI tool providers must satisfy before generating authorized digital replicas.
(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) 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 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) 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: (b) 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 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) 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: (c) 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 section is the core enforcement mechanism for AI-generated identity infringement. It creates three categories of prohibited conduct: distributing a personalized cloning service without consent, publishing or distributing an unauthorized digital voice replica or digital depiction with knowledge of the lack of authorization, and materially contributing to or facilitating either of those acts with knowledge. Statutory damages are tiered: $50,000 per violation for distributing a personalized cloning service, and $5,000 per violation for publishing unauthorized digital replicas — in each case, actual damages plus attributable profits may substitute if greater.
Notably, a disclaimer stating that the digital depiction or voice replica was unauthorized is not a defense. Punitive damages and attorney's fees are available. Standing to sue extends beyond the individual to assignees, exclusive licensees, and — for professional musicians — entities holding exclusive personal-services or sound-recording distribution contracts.
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 structured First Amendment defense to civil actions under § 75-99-7(1). Courts must balance the public interest in access to the use against the intellectual property interest in the likeness or voice, considering factors including whether the use is fleeting or negligible, commercial, necessary for the primary expressive purpose of the work, or competitive with the rights holder's own work. This section creates no affirmative compliance obligation; it is a defense framework.
(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 attorneys' 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, broader cause of action for any unauthorized commercial use of an individual's name, voice, or likeness — covering traditional right-of-publicity violations that may or may not involve AI. Any firm, business, or person that commercially uses an individual's identity without prior written consent is subject to injunctive relief and damages. Treble damages are available if the defendant did not make a good-faith effort to secure authorization. A four-year discovery-based statute of limitations applies. While this section is not AI-specific, it would apply to commercial uses of AI-generated voice or likeness content.
(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) This act shall be severable under Section 1-3-77.
A savings clause preserving any rights an individual may have under other law providing protections against unauthorized use of name, likeness, or voice. Includes a carve-out for student-athletes within the statutory framework of Sections 37-97-101 et seq., who regain coverage under this act upon ceasing to be student-athletes. The act is severable under Miss. Code § 1-3-77. No compliance obligations are created.