Massachusetts General Laws

Mass. Gen. Laws ch. 214, § 3A (2026)

Unauthorized use of name, portrait or picture of a person; injunctive relief; damages; exceptions

✓ current as of July 2026

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Section 3A. 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 may bring a civil action in the superior court against the person so using his name, portrait or picture, to prevent and restrain the use thereof; and may recover damages for any injuries sustained by reason of such use. If the defendant shall have knowingly used such person's name, portrait or picture in such manner as is prohibited or unlawful, the court, in its discretion, may award the plaintiff treble the amount of the damages sustained by him. Nothing in this section shall be so construed as to prevent any person practicing the profession of photography from exhibiting in or about his or its establishment specimens of the work of such person or establishment, unless the exhibiting of any such specimen is continued after written notice objecting thereto has been given by the person portrayed; and nothing in this section shall be so construed as to prevent any person from using 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 which such person has sold or disposed of with such name, portrait or picture used in connection therewith; or from using 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 which such person has sold or disposed of with such name, portrait or picture used in connection therewith.

Notes of Decisions

Cited in 37 cases (6 in the last 5 years), 1974–2024 · leading case: Tropeano v. Atl. Monthly Co., 400 N.E.2d 847 (Mass. 1980).

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Tropeano v. Atl. Monthly Co., 400 N.E.2d 847 (Mass. 1980). · cites it 9× “The plaintiff alleges two separate grounds for recovery: (1) that the defendants used her photograph without her consent for advertising or trade purposes in violation of G. L. c. 214, § 3A; and (2) that the de *746 fendants’ use of this photograph libelled the plaintiff.”

Jane Doe No. 1 v. Backpage.Com, LLC, 817 F.3d 12 (1st Cir. 2016). “214, § 3A provides in relevant part that: 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 may bring a civil action ... against the person so using his name, portrait or…”

Donoghue v. Ibc/usa (publications), Inc., 886 F. Supp. 947 (D. Mass. 1995). · cites it 4× “§ 1125 (Count I); improper use of the plaintiffs name and photograph, in violation of M.G.L. c. 214, § 3A (Count II); trademark infringement under Massachusetts common law (Count III); breach of contract (Count IV); and violation of M.”

George F. Noonan & Ann Marie Noonan v. The Winston Co., 135 F.3d 85 (1st Cir. 1998). “Prior Proceedings The complaint sets forth five direct claims — misappropriation and violation of the right of publicity, see Mass. Gen. Laws Ann. ch. 214, § 3A (West 1985 & Supp.”

Albright v. Morton, 321 F. Supp. 2d 130 (D. Mass. 2004). · cites it 2× “Plaintiffs assert claims against all defendants for defamation (Counts I-VI), violations of Mass. Gen. Laws c. 214 § 3A (Count VII), invasion of privacy (Count *133 VIII), negligence (Count IX), negligent infliction of emotional distress (Count XII), and intentional infliction…”

Amrak Prods., Inc. v. Morton, 410 F.3d 69 (1st Cir. 2005). “Specifically, appellants sued for defamation, invasion of privacy, negligence, negligent and intentional infliction of emotional' distress, along with violations of state statutory prohibitions on unfair trade practices, Mass. Gen. Laws ch. 214, § 3A (2005) and ch.”

Kelley v. CVS Pharmacy, Inc., 23 Mass. L. Rptr. 87 (Mass. Super. Ct. 2007). · cites it 4× “Effectively, Kelley claims a violation of G.L.c. 214, §3A, which permits “(a)ny person whose name, portrait or picture is used within the commonwealth for advertising purposes or for the purposes of trade without his written consent” to bring a civil action seeking damages The…”

Doe v. Backpage.com, LLC, 104 F. Supp. 3d 149 (D. Mass. 2015). · cites it 2× “The Doe plaintiffs also bring claims for unauthorized use of pictures of a person, Mass. Gen. Laws. ch. 214, § 3A and R.I. Gen.”

Mellor v. Berman, 454 N.E.2d 907 (Mass. 1983). “165, § 24, G.L.c. 214, § 3A, G.L.c. 231, § 85J, G.L.”

Conway v. Licata, 104 F. Supp. 3d 104 (D. Mass. 2015). “Plaintiffs voluntarily dismissed Count VIII, alleging defamation, and Count XIV, alleging violation of Mass. Gen. Laws ch. 214, § 3A. Doc. Nos. 172, 182.”

Brandon Assocs., LLC v. FailSafe Air Saf. Sys. Corp., 384 F. Supp. 2d 442 (D. Mass. 2005). “On September 24, 2004, Brandon filed an amended complaint adding counts for fraud, misrepresentation and violation of M.G.L. c. 214 § 3A (prohibiting unauthorized use of names and likenesses).”

Susan Gallagher v. South Shore Hosp., Inc., & Others., 101 Mass. App. Ct. 807 (Mass. App. Ct. 2022). “at 778 (proper to vindicate rights under G. L. c. 214, § 3A, even if plaintiff cannot prove actual damages because "appropriation of a likeness or name is 'in the nature of a usurpation of a plaintiff's property rights'" [citation omitted]).”

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