STAND. COM. REP. NO.  1181

Honolulu, Hawaii

                , 2009

RE:   S.B. No. 1005

      S.D. 2

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Sir:

     Your Committees on Economic Revitalization, Business, & Military Affairs and Tourism, Culture, & International Affairs, to which was referred S.B. No. 1005, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO PUBLICITY RIGHTS,"

beg leave to report as follows:

     The purpose of this bill is to encourage and protect artists and other persons in Hawaii's performing arts and related industries by:

(1)  Establishing a property right in the commercial use of a person's name, voice, signature, photograph, or likeness; and

(2)  Providing remedies for infringements on the right.

     Genoa Keawe Records, Inc., Kanikapila Records, Inc., and a concerned individual supported this measure.  The Office of Hawaiian Affairs supported this bill and suggested an amendment.  Surfside Hawaii, Inc., and Cord International/Hana Ola Records commented on this bill.

     There was testimony that this bill might affect established contractual rights.  Accordingly, your Committees respectfully request the Committee on Judiciary to which this bill is next referred, to examine any contract clause issues raised by this measure.

     Your Committees have amended this bill to encourage further discussion by changing its effective date to July 1, 2112.  Technical, nonsubstantive amendments were also made for clarity, consistency, and style.

     As affirmed by the records of votes of the members of your Committees on Economic Revitalization, Business, & Military Affairs and Tourism, Culture, & International Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1005, S.D. 2, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 1005, S.D. 2, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committees on Economic Revitalization, Business, & Military Affairs and Tourism, Culture, & International Affairs,

____________________________ JOEY MANAHAN, Chair

____________________________ ANGUS L.K. MCKELVEY, Chair