ASSEMBLY SCIENCE, INNOVATION AND TECHNOLOGY COMMITTEE

STATEMENT TO

ASSEMBLY, No. 4480

STATE OF NEW JERSEY

DATED:  JUNE 6, 2024

      The Assembly Science, Innovation and Technology Committee reports favorably Assembly Bill No. 4480.

      As reported, this bill establishes a person’s right of publicity as a property right in the New Jersey Statutes.  The right of publicity is commonly defined as the right to prevent unauthorized commercial use of a person’s name, image, likeness, or voice.

      Under the bill, every individual has an exclusive property right in the use of that individual’s name, image, likeness, or voice in any medium in any manner, which may be assigned, licensed, or inherited by the individual’s executors, assignees, heirs, or devisees.  A deceased individual’s executors, assignees, heirs, or devisees retain the individual’s exclusive right of publicity for 10 years following death, which may be extended in perpetuity if that right is commercially exploited, or which may be terminated after two years for non-use following the initial 10 year period. 

      A person who knowingly infringes on an individual’s right of publicity, including infringement through the use of artificial intelligence technology, shall be liable in a civil action and shall also be guilty of a disorderly person offense.  A disorderly person offense is punishable by imprisonment for up to six months, a fine of up to $1,000, or both.  In addition, a court may order an award of monetary damages as well as injunctive relief such as the forfeiture, seizure, or destruction of any infringing items.

      The bill sets forth fair use exceptions for criticism, comment, news reporting, teaching, scholarship, research, or other uses consistent with the federal Copyright Act of 1976 and the federal Lanham Act.  The bill is intended to not affect any existing licensing or publicity contracts, or service marks, trademarks, or trade names, properly made or registered as of the effective date of the bill.  The bill is also intended to not affect any existing civil tort laws concerning defamation, libel, slander, invasion of privacy, false light, misappropriation of identity, intrusion of privacy, public disclosure of

private facts, unlawful interference with prospective economic advantage, or tortious interference with contractual relations, or any existing criminal laws concerning identity theft, music piracy, or counterfeiting.  The bill is also not intended to limit the rights of student-athletes under the New Jersey Fair Play Act.