This bill establishes a person's right of publicity as a property right under New Jersey law, allowing individuals to prevent unauthorized commercial use of their name, image, likeness, or voice. It defines key terms such as "individual," "image," "likeness," and "voice," and asserts that every individual has an exclusive property right in these aspects, which can be assigned, licensed, or inherited. The rights of publicity for deceased individuals can be maintained by their executors, heirs, or devisees for ten years after death, with the possibility of extension if the rights are commercially exploited. The bill also outlines the conditions under which individuals can take civil action against unauthorized use, including the use of artificial intelligence technology, and establishes penalties for violations.
Additionally, the bill includes provisions for fair use exceptions related to criticism, news reporting, and educational purposes, while ensuring that existing contracts and rights related to trademarks and service marks are not affected. It also clarifies that the bill does not limit existing civil tort laws or criminal laws regarding identity theft and piracy. Violators of the right of publicity may face civil liability and be charged with a disorderly person offense, which carries penalties of imprisonment and fines. The bill aims to codify the right of publicity, which has been recognized through case law but never formally established in statutes.