Hutchinson Issues First Veto; Senate Does Not Override

The Arkansas Senate Tuesday failed to override Gov. Asa Hutchinson’s first veto – of a bill that would restrict the commercial use of an individual’s name, likeness and other identifying materials.

The Personal Rights Protection Act earlier had passed with only three no votes in two trips through the Senate and only six no votes in the House. Under the Arkansas Constitution, a governor’s veto can be overridden by a majority vote in both the House and Senate.

In a letter to the Senate and President Pro Tempore Jonathan Dismang, R-Searcy, Hutchinson said the bill “is overbroad, vague and will have the effect of restricting free speech.”

The bill by Sen. Jon Woods, R-Springdale, would have assigned property rights to individuals’ names, voices, signatures, photographs and likenesses and protected them from unauthorized commercial use without that person’s consent – “commercial” defined as “advertising; fundraising; or obtaining money, goods, or services.” It defined a “person” to include business entities, educational or religious institutions, political parties and community organizations.

The property right would have vested in an individual’s executors and heirs for 50 years after the individual’s death. Compensation would have been granted to the owners of those rights, and the property holders would have been able to seize the equipment used in creating the violation.

The bill would have considered it “fair use” when those materials were used for news, public affairs, sports broadcasts, “an account of public interest,” or a political campaign. It listed a variety of areas where that would have been the case, including plays, books, magazines and newspapers, and as part of promotions by institutions of higher education.

Hutchinson, who said he received “scores of letters from professional and amateur photographers,” wrote that the protections did not go far enough.

“This would result in Arkansas having one of the broadest Rights of Publicity statutes in the country and making Arkansas the forum of choice for many litigants,” Hutchinson wrote. He added that the bill does not exempt some forms of noncommercial speech “and will suppress Arkansans who engage in artistic expression from photography to art work.”

The Senate vote on a potential veto override included 12 voting for the override, 14 against, 7 not voting and one present.