STAND. COM. REP. NO. 397

Honolulu, Hawaii

RE:    S.B. No. 1005

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2009

State of Hawaii

Madam:

     Your Committee on Economic Development and Technology, to which was referred S.B. No. 1005 entitled:

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

begs leave to report as follows:

     The purpose of this measure is to establish a property right in the commercial use of a person's name, voice, signature, photograph, or likeness.

     Testimony in support of this measure was submitted by the Office of Hawaiian Affairs, Genoa Keawe Records, and Kanikapila Records.  Testimony in opposition of this measure was submitted by Cord International and one concerned individual.  Comments on this measure were submitted by Tantalus Records and one concerned individual.  Written testimony presented to your Committee may be reviewed on the Legislature's website.

     Your Committee finds that protecting an individual or personality's publicity rights is imperative for writers, composers, and recording artists in Hawaii.  These persons deserve to have confidence that the laws of Hawaii protect the commercial value of their name, voice, signature, photograph, or likeness.

     Your Committee also finds that this measure tempers the exploitation of the names, signatures, voices, and photographs of a deceased individual or personality without any compensation to their heirs.

     This measure is based upon the well-regarded publicity rights statute for the State of Washington that reflects years of experience in fine tuning various rights, remedies, and exceptions.

     Your Committee has amended this measure by:

     (1)  Clarifying in the purpose section that this measure does not interfere with existing copyright laws for sound recordings;

     (2)  Revising the purpose section of the measure to ensure that a property right is being protected;

     (3)  Decreasing the period of protection of an individual's publicity rights after their death from 70 years to 20 years;

     (4)  Changing the effective date to July 1, 2050, to promote further discussion on this measure; and

     (5)  Making technical, nonsubstantive amendments for the purpose of clarity.

     As affirmed by the record of votes of the members of your Committee on Economic Development and Technology that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1005, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1005, S.D. 1, and be referred to the Committee on Judiciary and Government Operations.

Respectfully submitted on behalf of the members of the Committee on Economic Development and Technology,

____________________________

CAROL FUKUNAGA, Chair