Hutchinson vetoes publicity-rights bill

Gov. Asa Hutchinson vetoed Tuesday a publicity rights bill aimed at preventing unauthorized use of a person's likeness for commercial purposes that was backed by the family of Arkansas football legend Frank Broyles.

Senate Bill 79, sponsored by Sen. Jon Woods, R-Springdale, and Rep. Greg Leding, D-Fayetteville, sailed through both chambers — with only six representatives and three senators voting against it — before heading to the governor's desk for approval last week. The bill aimed to protect an individual's name, voice, signature, photograph or likeness from being used without prior consent.

Hutchinson in a letter to the state Senate explaining his veto said that "the bill as drafted would extend protection beyond the stated intent of the bill, unnecessarily restrict free expression and may result in unnecessary litigation in Arkansas."

A simple majority is all that is needed to override a veto from the governor.

Proponents of the bill, such as the National Football League Players Association, said it would prevent businesses from using a person's name or likeness to sell goods. Broyles' family has said they want to protect his rights after his death.

Hutchinson said he received "scores of letters" from professional and amateur photographers who requested the language be amended.

Woods and Leding did not immediately return calls requesting comment.

The Motion Picture Association of America has opposed the bill. An association lobbyist said likenesses are already protected and that the bill is too broad and would stifle free speech.

The Broyles family attorney said the veto "is unfortunate."

The Senate voted 14-12 Tuesday against overriding the veto. The bill's primary sponsor wasn't immediately available for comment.

Information for this article was contributed by Danielle Kloap of Arkansas Online and by The Associated Press.

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