Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Economic Development, to which was referred S.B. No. 2560 entitled:

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.

Testimony in support of the measure was received from one individual. Testimony in opposition to the measure was offered by the Motion Picture Association of America. The Department of Business, Economic Development, and Tourism offered comments on the measure.

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 understands that while there were concerns raised about some of the provisions in this measure, the parties have indicated they will be considering possible changes in language.

Your Committee has amended this measure by changing the effective date to July 1, 2020 to make the bill defective in order to promote continuing discussion and by making technical, nonsubstantive amendments.

As affirmed by the record of votes of the members of your Committee on Economic Development that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2560, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2560, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.