New likeness-protection bill falls in House committee

Rep. Greg Leding, D-Fayetteville, presents Senate Bill 965 Thursday to the House Judiciary Committee.
Rep. Greg Leding, D-Fayetteville, presents Senate Bill 965 Thursday to the House Judiciary Committee.

An Arkansas House committee has voted down a new bill aimed at regulating publicity rights after Gov. Asa Hutchinson vetoed an earlier attempt, calling the legislation overbroad.

The House Judiciary Committee rejected Senate Bill 965 on a voice vote a day after it garnered the support of the Arkansas Senate in a 22-2 vote.

The bill, and Senate Bill 79 before it, each aimed to protect the likenesses of citizens of the state from unauthorized commercial use. Sen. Jon Woods, R-Springdale, sponsored both.

Critics of SB79, including the Motion Picture Association of America, contended that bill went too far in its restrictions and would cause legal problems for photographers, moviemakers and others.

Hutchinson on Tuesday announced he had vetoed SB79, and an attempt to override it later that day was unsuccessful.

The film group supported the revised SB 965, which removed an amendment added to SB79 requested by the NFL Players Association.

Rep. Greg Leding, D-Fayetteville, presented the bill Thursday, calling it the "much smaller, far weaker little brother" of SB79. He said the governor's office had been involved in making changes, including narrowing the definition of commercial use.

SB965 sought to give individuals rights over their name, voice, signature, photograph or likeness but had a number of fair use exceptions, including usage for news and artistic purposes.

The effort was prompted by the family of legendary University of Arkansas football coach Frank Broyles, who were concerned about Broyles' likeness being used for commercial purposes without permission.

See Friday's Arkansas Democrat-Gazette for full coverage.

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