How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(3) "LikenessLikeness"Likeness" means a reproduction of the image of an individual by any means other than a photograph, including without limitation generation through means of artificial intelligence;Ark. Code § 4-75-1103(3)" means a reproduction of the image of an individual by any means other than a photographPhotograph"Photograph" means a reproduction of the image of an individual that readily identifies the individual, whether made by: (A) Photography; (B) Videotape; (C) Live transmission; (D) Image, video, or three-dimensional generation through means of artificial intelligence; or (E) Other means;Ark. Code § 4-75-1103(5), including without limitation generation through means of artificial intelligence;
Section 1 of the Act amends the existing definition of Likeness to expressly include reproductions generated through means of artificial intelligence. This ensures that AI-generated likenesses — such as deepfake images or digitally synthesized visual depictions — fall within the scope of the publicity rights protections under the Frank Broyles Act.
(5) "PhotographPhotograph"Photograph" means a reproduction of the image of an individual that readily identifies the individual, whether made by: (A) Photography; (B) Videotape; (C) Live transmission; (D) Image, video, or three-dimensional generation through means of artificial intelligence; or (E) Other means;Ark. Code § 4-75-1103(5)" means a reproduction of the image of an individual that readily identifies the individual, whether made by: (A) Photography; (B) Videotape; (C) Live transmission; (D) Image, video, or three-dimensional generation through means of artificial intelligence; or (E) Other means;
Section 2 expands the definition of Photograph from an enumerated list of capture methods (photography, videotape, live transmission, or other means) to include image, video, or three-dimensional generation through means of artificial intelligence. This closes a gap that could have allowed AI-generated photorealistic images to fall outside the Act's scope.
(7) "VoiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual, including without limitation a simulation of the voice of the individual that is generated through means of artificial intelligence.Ark. Code § 4-75-1103(7)" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual, including without limitation a simulation of the voice of the individual that is generated through means of artificial intelligence.Ark. Code § 4-75-1103(7) or a simulation of the voice of the individual, including without limitation a simulation of the voice of the individual that is generated through means of artificial intelligence.
Section 3 adds an entirely new defined term — Voice — to the Act. The definition captures both actual voices and AI-generated simulations of an individual's voice. By including AI voice cloning expressly, the amendment ensures that unauthorized commercial use of an AI-simulated voice is actionable on the same terms as unauthorized use of a photograph or likeness.
(i) Does not have actual knowledge that a photographPhotograph"Photograph" means a reproduction of the image of an individual that readily identifies the individual, whether made by: (A) Photography; (B) Videotape; (C) Live transmission; (D) Image, video, or three-dimensional generation through means of artificial intelligence; or (E) Other means;Ark. Code § 4-75-1103(5), voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual, including without limitation a simulation of the voice of the individual that is generated through means of artificial intelligence.Ark. Code § 4-75-1103(7), or likenessLikeness"Likeness" means a reproduction of the image of an individual by any means other than a photograph, including without limitation generation through means of artificial intelligence;Ark. Code § 4-75-1103(3) on the system or network is in violation of this subchapter; or
Section 4 amends the existing service-provider safe harbor to add voice alongside photograph and likeness. Under the amended provision, a service provider of a system or network remains exempt from liability if it does not have actual knowledge that a photograph, voice, or likeness on its system or network violates the Act. This is a conforming amendment to reflect the addition of voice as a protected attribute.
(a)(1)–(2) This subchapter: (1) Shall be liberally construed to accomplish its intent and purposes; and (2) Does not render invalid or unenforceable a contract or license entered into before or after August 22, 2016, by an individual during his or her lifetime by which the individual transferred, assigned, or licensed all or part of the right to use his or her name, voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual, including without limitation a simulation of the voice of the individual that is generated through means of artificial intelligence.Ark. Code § 4-75-1103(7), signature, photographPhotograph"Photograph" means a reproduction of the image of an individual that readily identifies the individual, whether made by: (A) Photography; (B) Videotape; (C) Live transmission; (D) Image, video, or three-dimensional generation through means of artificial intelligence; or (E) Other means;Ark. Code § 4-75-1103(5), or likenessLikeness"Likeness" means a reproduction of the image of an individual by any means other than a photograph, including without limitation generation through means of artificial intelligence;Ark. Code § 4-75-1103(3).
(b) The property rights granted by this subchapter are not considered intellectual property for purposes of 47 U.S.C. § 230.
Section 5 replaces the former construction provision with two subsections. Subsection (a) provides that the Act shall be liberally construed and preserves the validity of contracts or licenses entered into before or after August 22, 2016 by which an individual transferred publicity rights, now expressly including voice. Subsection (b) — carried forward as stricken-and-reenacted text — clarifies that the property rights granted by the subchapter are not considered intellectual property for purposes of 47 U.S.C. § 230, ensuring that federal immunity under Section 230 does not preempt state publicity-rights claims.