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Can you summarize MGL Chapter 214, Section 3A?
EQUITY JURISDICTION > Unauthorized use of name, portrait or picture of a person; injunctive relief; damages; exceptions
Short Summary
This section of the Massachusetts General Law governs the unauthorized use of a person’s name, portrait, or picture for advertising purposes or trade within the commonwealth. It allows the affected person to bring a civil action in the superior court against the person using their name, portrait, or picture without written consent. The purpose of the action is to prevent and restrain such use and to recover damages for any injuries sustained. If the defendant knowingly used the person’s name, portrait, or picture in a prohibited or unlawful manner, the court may award the plaintiff treble the amount of damages. However, there are exceptions to this section. Persons practicing photography can exhibit their work unless objected to in writing by the person portrayed. Additionally, the use of a manufacturer or dealer’s name, portrait, or picture in connection with their goods or the use of an author, composer, or artist’s name, portrait, or picture in connection with their literary, musical, or artistic production is allowed if sold or disposed of with such name, portrait, or picture used in connection therewith.
Whom does it apply to?
Any person whose name, portrait or picture is used within the commonwealth for advertising purposes or for the purposes of trade without his written consent
What does it govern?
Unauthorized use of name, portrait or picture of a person; injunctive relief; damages; exceptions
What are exemptions?
1. Persons practicing the profession of photography can exhibit specimens of their work unless objected to in writing by the person portrayed. 2. The use of the name, portrait or picture of any manufacturer or dealer in connection with the goods, wares, and merchandise manufactured, produced or dealt in by such manufacturer or dealer, if sold or disposed of with such name, portrait or picture used in connection therewith. 3. The use of the name, portrait or picture of any author, composer or artist in connection with any literary, musical or artistic production of such author, composer or artist, if sold or disposed of with such name, portrait or picture used in connection therewith.
What are the Penalties?
The court, in its discretion, may award the plaintiff treble the amount of the damages sustained by him if the defendant knowingly used the person's name, portrait or picture in a prohibited or unlawful manner.
Jurisdiction
Massachusetts