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• Introduced by Rep. Michael Sak (D) on April 15, 2008, to establish that an individual has a transferable property interest in his or her right of publicity for his or her lifetime plus 50 years. “Right of publicity" is defined as the right to control commercial use of a personality's attributes, including an individual's name, voice, signature, image, likeness, or persona and includes distinctive characteristics of the individual's appearance, gestures, or mannerisms. A violator could be sued, and would have to give the plaintiff (which could be an estate or assignee of the right of publicity) any of the profits from the commercial use or merchandising of any of the attributes. A court could also impound merchandise that misappropriates an attribute.
  • Referred to the House Judiciary Committee on April 15, 2008.