STAND. COM. REP. 2793

Honolulu, Hawaii

, 2004

RE: S.B. No. 2560

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Judiciary and Hawaiian Affairs, to which was referred S.B. No. 2560, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ECONOMIC VALUE OF ENTERTAINMENT CELEBRITY IDENTITIES,"

begs leave to report as follows:

The purpose of this measure is to create a right of publicity law to allow recording artists, television personalities, and other media celebrities to control the use of their identity for commercial purposes during their life and after their death.

Your Committee received comments on this measure from the Department of Business, Economic Development, and Tourism (DBEDT). Testimony in opposition was received from the Motion Picture Association of America (MPAA).

Your Committee finds that the right of publicity is the right of every person to control the commercial use of his or her identity. This measure creates a clear statutory cause of action for infringement of the right of publicity as well as expressly recognizes a post mortem right of publicity. This measure will be beneficial for Hawaii artists and continue to make Hawaii a desirable place for artists, actors, and performers to live and do business.

Your Committee notes the testimony of the MPAA that measures such as this in other states have had a mixed response, with many states declining to enact a law due to its complexity, among other things. Your Committee believes that while the intended protections are worthwhile from the celebrity's standpoint, there may be unintended consequences, as stated by DBEDT, that if the law is too restrictive, the law could steer production away from Hawaii.

Your Committee is further concerned about the possible first amendment issues arising from such things as impersonation of a recording artist. This could result in the law being voided by the courts on constitutional grounds. Nevertheless, your Committee passes this measure in the interests of continuing the discussions.

As affirmed by the record of votes of the members of your Committee on Judiciary and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2560, S.D. 1, and recommends that it pass Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary and Hawaiian Affairs,

____________________________

COLLEEN HANABUSA, Chair