South Carolina H 3404: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE CHAPIN HIGH SCHOOL VARSITY COMPETITIVE CHEER TEAM, COACHES, AND SCHOOL OFFICIALS, AT A DATE AND TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND COMMENDED FOR WINNING THE 2016 SCHSL CLASS AAAA STATE CHAMPIONSHIP TITLE.

Bill Text

2025-2026 Bill 3404 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3404

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS 
BY ADDING SECTION 39-5-190 SO AS TO PROVIDE THAT EVERY INDIVIDUAL HAS A 
PROPERTY RIGHT IN THE USE OF THAT INDIVIDUAL'S NAME, PHOTOGRAPH, VOICE, OR 
LIKENESS IN ANY MEDIUM IN ANY MANNER AND TO PROVIDE PENALTIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 5, Title 39 
of the S.C. Code is amended by adding:

 Section 
39-5-190. (A) For purposes of this 
section:

 (1) "Use" includes the commercial 
availability of a sound recording or audiovisual work in which the individual's 
name, photograph, voice, or likeness is readily identifiable.

 (2) "Voice" means a sound in a medium 
that is readily identifiable and attributable to a particular individual, 
regardless of whether the sound contains the actual voice or a simulation of 
the voice of the individual.

 (B) Every individual has a property 
right in the use of that individual's name, photograph, voice, or likeness in 
any medium in any manner.

 (C) The exclusive right to commercial 
exploitation of the property rights is terminated by proof of the nonuse of the 
name, photograph, voice, or likeness of an individual for commercial purposes 
by an executor, assignee, heir, or devisee to the use for a period of two years 
subsequent to the initial period of ten years following the individual's death.

 (D)(1) Any person who knowingly uses or 
infringes upon the use of an individual's name, photograph, voice, or likeness 
in any medium, in any manner directed to any person other than such individual, 
for purposes of advertising products, merchandise, goods, or services, or for 
purposes of fundraising, solicitation of donations, purchases of products, 
merchandise, goods, or services, without the individual's prior consent, or, in 
the case of a minor, the prior consent of the minor's parent or legal guardian, 
or in the case of a deceased individual, the consent of the executor or 
administrator, heirs, or devisees of the deceased individual, is liable to a 
civil action.

 (2) A person is liable to a civil 
action if the person publishes, performs, distributes, transmits, or otherwise 
makes available to the public an individual's voice or likeness, with knowledge 
that use of the voice or likeness was not authorized by the individual or, in 
the case of a minor, the minor's parent or legal guardian, or in the case of a 
deceased individual, the executor or administrator, heirs, or devisees of such 
deceased individual.

 (3) A person is liable to a civil 
action if the person distributes, transmits, or otherwise makes available an 
algorithm, software, tool, or other technology, service, or device, the primary 
purpose or function of which is the production of an individual's photograph, 
voice, or likeness without authorization from the individual or, in the case of 
a minor, the minor's parent or legal guardian, or in the case of a deceased 
individual, the executor or administrator, heirs, or devisees of such deceased 
individual.

 (E) Where a person has entered into a 
contract for an individual's exclusive personal services as a recording artist 
or an exclusive license to distribute sound recordings that capture an 
individual's audio performances, an action to enforce the rights set forth in 
this section may be brought by the person or the individual.

SECTION 
2. This act takes effect upon approval by the Governor.

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This web page was last updated on December 06, 2024 at 11:36 AM