Prince bill undergoes remake in Minnesota Senate
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Updated 5:10 p.m. with comments by Motion Picture Association of America
A bill proposed by managers of Prince's estate to fend off unauthorized commercial ventures featuring the late artist underwent significant revisions in the Minnesota Senate.
In the Judiciary Committee on Monday night, senators removed specific limitations on the use of the name, likeness or voice of the deceased by those who didn't get permission. The original bill also laid out clearer court remedies that those handling Prince's estate could use to seek damages.
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The bill now generally gives an estate power to defend against commercial exploitation for 50 years after death, building mainly off established law. Prince died on April 21, but the precise cause of death hasn't been released.
Joel Leviton, an attorney for the Bremer Trust administrators handling the Prince estate, said talks continue about a more comprehensive Right of Publicity law.
"There are all sorts of people who continue to raise issues and we want to be respectful of that and be respectful of the process," Leviton said, adding that the goal is to achieve clearer direction down the road.
Sen. Bobby Joe Champion, DFL-Minneapolis, said Tuesday that the revised bill is a stopgap to provide lawmakers more time to get a handle on the complex issue next year. He said even the debate of the Prince publicity measure will probably reduce the likelihood that people would try to profit from the superstar's passing.
"It sends a clear signal that this is something Minnesota feels strongly about and we really want to protect the likeness and image of individuals, and not just Prince, " he said, adding that it took the death of a major celebrity to expose a void in state law.
Champion's bill and a differing House companion await final votes. The House version is currently in line with what was sought by Bremer Trust.
Scholars and others that expressed concern about moving too far too fast said they were appreciative of the changes. An informal working group will begin meeting to fashion legislation that could be considered next year.
Mark Anfinson, who spoke on behalf of the Minnesota Newspaper Association and the Minnesota Broadcasters Association, said those groups are on board.
"A more-perfect bill can be imagined. But a more-perfect bill can not be properly crafted in the time available in session," Anfinson said. "This is not a bad start."
The Motion Picture Association of America saw the move as a step backward. Elizabeth Mottur, a lobbyist for the group, said the new bill lacks adequate First Amendment protections.
"The burden would be on movie distributors, authors, poets, creators of all sorts of work to go to court at great time and expense and respond to frivolous litigation to prove what we already have: That we are protected by the First Amendment," she said, calling it a chilling effect on movies and other works not given specific exemptions in law.