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 the use of these attributes, which can be assigned, licensed, or inherited. The rights of publicity extend to the executors, assignees, heirs, or devisees of deceased individuals for a period of ten years after death, with the possibility of extension if the rights are commercially exploited. The bill also outlines the conditions under which these rights can be infringed and the legal consequences for such actions, including civil liability and potential criminal penalties.
Additionally, the bill includes provisions for fair use exceptions, allowing for the use of an individual's name, image, likeness, or voice in contexts such as criticism, news reporting, and education, in line with federal copyright laws. It clarifies that existing contracts, trademarks, and service marks are not affected by this legislation, and it does not limit the rights of student-athletes under the New Jersey Fair Play Act. The bill aims to provide comprehensive protection for individuals' publicity rights while maintaining consistency with existing legal frameworks.