New law extends personality rights for 75 years post-mortem

On March 24, 2025, the Commonwealth of Massachusetts introduced Senate Bill 144, a legislative proposal aimed at addressing the rights of individuals regarding their likeness and personality after death. This bill seeks to establish a framework for the posthumous use of a person's identity, allowing for the assignment or licensing of such rights during their lifetime and extending them for 75 years following their death.

The primary purpose of Senate Bill 144 is to protect the commercial interests of individuals in their likeness and personality, which has become increasingly relevant in an age where digital media and marketing exploit personal images and identities. The bill outlines that these rights can be exercised by a personal representative, attorney-in-fact, or guardian, ensuring that the wishes of the deceased are respected and that their heirs can benefit from their likeness.

Notably, the bill has sparked debates among lawmakers and stakeholders. Proponents argue that it provides necessary protections for individuals and their families, allowing them to control how their likeness is used and potentially generating revenue for heirs. Critics, however, raise concerns about the potential for misuse or exploitation of these rights, particularly in cases where the deceased may not have clearly expressed their wishes regarding the use of their identity.

The implications of Senate Bill 144 extend beyond individual rights; they touch on broader economic and social issues. By establishing clear guidelines for the use of likeness and personality rights, the bill could foster a new industry around posthumous licensing, potentially benefiting creative sectors such as entertainment and marketing. However, it also raises ethical questions about consent and the commercialization of identity, particularly for public figures.

As the bill progresses through the legislative process, its future remains uncertain. Lawmakers will need to navigate the complexities of balancing individual rights with potential economic benefits, while also addressing the concerns raised by opponents. The outcome of Senate Bill 144 could set a significant precedent in Massachusetts and potentially influence similar legislation in other states, making it a critical topic for both legal experts and the general public to monitor.