(1)–(5) As used in this article, the term: (1) 'ConsentConsent'Consent' means written assent in fact provided by an individual which affirmatively, expressly, and specifically provides for the allowance, extent, purpose, and duration of the use of the individual's likeness by another. Such term shall not include consent implied by silence, agreement to general terms and conditions, or a prior agreement which is unrelated to the individual's digital replica.O.C.G.A. § 10-1-971(1)' means written assent in fact provided by an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) which affirmatively, expressly, and specifically provides for the allowance, extent, purpose, and duration of the use of the individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4)'s likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5) by another. Such term shall not include consentConsent'Consent' means written assent in fact provided by an individual which affirmatively, expressly, and specifically provides for the allowance, extent, purpose, and duration of the use of the individual's likeness by another. Such term shall not include consent implied by silence, agreement to general terms and conditions, or a prior agreement which is unrelated to the individual's digital replica.O.C.G.A. § 10-1-971(1) implied by silence, agreement to general terms and conditions, or a prior agreement which is unrelated to the individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4)'s digital replicaDigital replica'Digital replica' means a highly realistic electronic representation created or altered, in whole or in part, either by generative artificial intelligence or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individual and that is embedded in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, audiovisual work, or transmission in which the individual did actually perform or appear, but where the fundamental character of the performance or appearance has been materially altered. Such term does not include the electronic reproduction of or use of a sample of one sound recording or audiovisual work into another or the remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-971(2). (2)(A) 'Digital replicaDigital replica'Digital replica' means a highly realistic electronic representation created or altered, in whole or in part, either by generative artificial intelligence or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individual and that is embedded in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, audiovisual work, or transmission in which the individual did actually perform or appear, but where the fundamental character of the performance or appearance has been materially altered. Such term does not include the electronic reproduction of or use of a sample of one sound recording or audiovisual work into another or the remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-971(2)' means a highly realistic electronic representation created or altered, in whole or in part, either by generative artificial intelligenceGenerative artificial intelligence'Generative artificial intelligence' means a computer based system that uses machine learning and is intended to generate, with some degree of autonomy, synthetic content and information, including, but not limited to, text, images, videos, audio, codes, prompts, commands, instructions, directions, and other forms of content and information.O.C.G.A. § 10-1-971(3) or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) and that is embedded in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) did not actually perform or appear; or (ii) That is a version of a sound recording, image, audiovisual work, or transmission in which the individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) did actually perform or appear, but where the fundamental character of the performance or appearance has been materially altered. (B) Such term does not include the electronic reproduction of or use of a sample of one sound recording or audiovisual work into another or the remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder. (3) 'Generative artificial intelligenceGenerative artificial intelligence'Generative artificial intelligence' means a computer based system that uses machine learning and is intended to generate, with some degree of autonomy, synthetic content and information, including, but not limited to, text, images, videos, audio, codes, prompts, commands, instructions, directions, and other forms of content and information.O.C.G.A. § 10-1-971(3)' means a computer based system that uses machine learning and is intended to generate, with some degree of autonomy, synthetic content and information, including, but not limited to, text, images, videos, audio, codes, prompts, commands, instructions, directions, and other forms of content and information. (4) 'IndividualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4)' means a natural person, living or deceased. (5) 'LikenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5)' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4), including the individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4)'s face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) that are readily identifiable as the individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) through visual or auditory means.

(a) Every individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) has a property right to his or her likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5).

(b) The property rights of an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4)'s likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5) are transferable, licensable, and descendible and shall survive the death of the individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) for 50 years.

(c) 1 Post-mortem use of an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4)'s likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5) shall be permitted only where such individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) consented to such use during his or her life, consentConsent'Consent' means written assent in fact provided by an individual which affirmatively, expressly, and specifically provides for the allowance, extent, purpose, and duration of the use of the individual's likeness by another. Such term shall not include consent implied by silence, agreement to general terms and conditions, or a prior agreement which is unrelated to the individual's digital replica.O.C.G.A. § 10-1-971(1) is given by the estate of such individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4), or consentConsent'Consent' means written assent in fact provided by an individual which affirmatively, expressly, and specifically provides for the allowance, extent, purpose, and duration of the use of the individual's likeness by another. Such term shall not include consent implied by silence, agreement to general terms and conditions, or a prior agreement which is unrelated to the individual's digital replica.O.C.G.A. § 10-1-971(1) is given by a legal representative of such individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4).

(a) 2 Creation, distribution, or exploitation of an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4)'s likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5) in a digital replicaDigital replica'Digital replica' means a highly realistic electronic representation created or altered, in whole or in part, either by generative artificial intelligence or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individual and that is embedded in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, audiovisual work, or transmission in which the individual did actually perform or appear, but where the fundamental character of the performance or appearance has been materially altered. Such term does not include the electronic reproduction of or use of a sample of one sound recording or audiovisual work into another or the remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-971(2) for commercial purposes requires consentConsent'Consent' means written assent in fact provided by an individual which affirmatively, expressly, and specifically provides for the allowance, extent, purpose, and duration of the use of the individual's likeness by another. Such term shall not include consent implied by silence, agreement to general terms and conditions, or a prior agreement which is unrelated to the individual's digital replica.O.C.G.A. § 10-1-971(1) from the individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) for such use.

(b) 2 Absence of compensation to an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) for the use of his or her likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5) shall not negate the requirements of consentConsent'Consent' means written assent in fact provided by an individual which affirmatively, expressly, and specifically provides for the allowance, extent, purpose, and duration of the use of the individual's likeness by another. Such term shall not include consent implied by silence, agreement to general terms and conditions, or a prior agreement which is unrelated to the individual's digital replica.O.C.G.A. § 10-1-971(1) under this article.

(c) 3 No individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) or entity shall claim ownership, authorship, or exclusive rights over an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4)'s likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5) solely by the use of an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4)'s likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5) in a digital replicaDigital replica'Digital replica' means a highly realistic electronic representation created or altered, in whole or in part, either by generative artificial intelligence or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individual and that is embedded in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, audiovisual work, or transmission in which the individual did actually perform or appear, but where the fundamental character of the performance or appearance has been materially altered. Such term does not include the electronic reproduction of or use of a sample of one sound recording or audiovisual work into another or the remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-971(2).

(d) 4 After receiving notice that an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) did not consentConsent'Consent' means written assent in fact provided by an individual which affirmatively, expressly, and specifically provides for the allowance, extent, purpose, and duration of the use of the individual's likeness by another. Such term shall not include consent implied by silence, agreement to general terms and conditions, or a prior agreement which is unrelated to the individual's digital replica.O.C.G.A. § 10-1-971(1) for the use of a digital replicaDigital replica'Digital replica' means a highly realistic electronic representation created or altered, in whole or in part, either by generative artificial intelligence or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individual and that is embedded in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, audiovisual work, or transmission in which the individual did actually perform or appear, but where the fundamental character of the performance or appearance has been materially altered. Such term does not include the electronic reproduction of or use of a sample of one sound recording or audiovisual work into another or the remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-971(2), any entity that knowingly distributes or continues to make available such digital replicaDigital replica'Digital replica' means a highly realistic electronic representation created or altered, in whole or in part, either by generative artificial intelligence or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individual and that is embedded in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, audiovisual work, or transmission in which the individual did actually perform or appear, but where the fundamental character of the performance or appearance has been materially altered. Such term does not include the electronic reproduction of or use of a sample of one sound recording or audiovisual work into another or the remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-971(2) shall be in violation of this article.

(e) 5 A digital replicaDigital replica'Digital replica' means a highly realistic electronic representation created or altered, in whole or in part, either by generative artificial intelligence or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individual and that is embedded in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, audiovisual work, or transmission in which the individual did actually perform or appear, but where the fundamental character of the performance or appearance has been materially altered. Such term does not include the electronic reproduction of or use of a sample of one sound recording or audiovisual work into another or the remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-971(2) used for commercial purposes shall not falsely imply that an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) personally endorsed or approved such use of his or her likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5).

(f) Liability under this article shall only depend on whether or not an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) consented to the use of his or her likenessLikeness'Likeness' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individual, including the individual's face, mannerisms, distinctive appearance, distinctive speech patterns, distinguishing physical characteristics, including but not limited to visible marks and permanent body modifications, and other unique characteristics of an individual that are readily identifiable as the individual through visual or auditory means.O.C.G.A. § 10-1-971(5) in a digital replicaDigital replica'Digital replica' means a highly realistic electronic representation created or altered, in whole or in part, either by generative artificial intelligence or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individual and that is embedded in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, audiovisual work, or transmission in which the individual did actually perform or appear, but where the fundamental character of the performance or appearance has been materially altered. Such term does not include the electronic reproduction of or use of a sample of one sound recording or audiovisual work into another or the remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-971(2).

(g)–(h) An individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) who is aggrieved by a violation of this article may bring an action to recover or obtain against a violator any of the following: (1) Actual damages; (2) Equitable relief, including, but not limited to, an injunction or restitution of money and property; (3) Punitive damages; (4) Reasonable attorney's fees and costs; and (5) Any other relief which the court deems proper. (h) Courts may grant injunctive relief to an individualIndividual'Individual' means a natural person, living or deceased.O.C.G.A. § 10-1-971(4) aggrieved by a violation of this article.