Regulon — GA-HB-1603 · GA HB 1603 (Performer Digital Replica Protection)

Summary

Prohibits any individual or production company from publishing, distributing, or making available a digital replica of a performer without the performer's express written consent. Also prohibits distributing products or services primarily designed to create unconsented digital replicas of specifically identified performers. Consent must be obtained through a written contract with specific requirements including a ten-year maximum duration, fair compensation, and a description of intended use. Production companies deploying AI in Georgia must conduct and publish annual AI system inventories, issue disclaimers about AI adoption and data sources, and obtain compliant consent contracts before using performer digital replicas. Enforced by the Attorney General under the Fair Business Practices Act and through a private right of action for aggrieved performers with actual, punitive, and equitable damages available.

Enforcement & Penalties

Enforcement Authority

The Attorney General has authority to initiate proceedings and exercise powers under Part 2 of Article 15 of Chapter 1 of Title 10 (the Fair Business Practices Act of 1975) for violations of this article. A performer aggrieved by a violation may bring a private civil action. Courts may grant injunctive relief to an aggrieved individual.

Penalties

Aggrieved performer may recover actual damages, equitable relief including injunction or restitution of money and property, punitive damages, reasonable attorney's fees and costs, and any other relief the court deems proper. No statutory minimum is specified. Punitive damages do not require proof of actual monetary harm.

Who Is Covered

'Performer' means any individual, including, but not limited to, an actor, actress, voice actor, stunt performer, model, or other creative professional whose likeness is used in film, television, streaming, advertisements, gaming, or other media.

'Production company' means a company, other than a qualified interactive entertainment production company, primarily engaged in qualified production activities which have been approved by the Department of Economic Development.

Compliance Obligations 6 obligations · click obligation ID to open requirement page

CP-02 Non-Consensual Intimate Imagery · CP-02.4 · Deployer · Content Generation

O.C.G.A. § 10-1-971(a)-(b)

Plain Language

No individual or production company may publish, distribute, transmit, or otherwise make available to the public a digital replica of a performer without that performer's written consent. The prohibition also extends to distributing products or services that are primarily designed to produce unconsented digital replicas of specifically identified performers and that have only limited commercially significant purpose beyond that function. Consent must be affirmative, express, and specific to the allowance, extent, purpose, and duration of use — general terms of service or silence do not qualify. Standard sampling, remixing, and digital remastering authorized by the copyright holder are carved out from the digital replica definition.

Statutory Text

(a) Any individual or production company that engages in an activity prohibited in subsection (b) of this Code section shall be liable in a civil action brought under this Code section. (b) The following activities shall be prohibited pursuant to this article: (1) The publication, display, distribution, transmission, or communication of, or otherwise making available to the public a digital replica of a performer without his or her consent; or (2) Distributing, importing, transmitting, or otherwise making available to the public a product or service that: (A) Is primarily designed to produce one or more digital replicas of a specifically identified performer or performers without the consent of such performer or performers; and (B) Has only limited commercially significant purpose or use other than to produce a digital replica of a specifically identified performer or performers without the consent of such performer or performers.

Other · Deployer · Content Generation

O.C.G.A. § 10-1-971(c)

Plain Language

Any consent to use a performer's digital replica must be embodied in a written contract signed by the performer or their authorized representative. The contract must: (1) not exceed ten years in duration while the performer is alive; (2) provide for fair compensation; (3) prohibit perpetual uncompensated use of the replica; and (4) include a reasonably specific description of how the replica will be used. A contract that fails any of these requirements does not constitute valid consent, meaning use of the digital replica under such a contract would be treated as unconsented and therefore prohibited under § 10-1-971(b).

Statutory Text

(c) Consent to use the digital replica of a performer shall be obtained through a contract which: (1) Is valid, while the performer is living, only to the extent that the duration does not exceed ten years; and (2) Shall be valid only if the contract agreement: (A) Is in writing and signed by the performer or an authorized representative of the performer; (B) Provides for fair compensation to the performer for the use of the digital replica; (C) Prohibits the perpetual use of the digital replica without compensation to the performer; and (D) Includes a reasonably specific description of the intended use of the digital replica.

G-02 Public Transparency & Documentation · G-02.4 · Deployer · Content Generation

O.C.G.A. § 10-1-972(1)

Plain Language

Production companies deploying AI systems for use in production in Georgia must conduct and publicly publish an inventory of all AI systems in use no later than December 31, 2027, and annually thereafter. The inventory must include for each system: (1) the system name and vendor; (2) a description of capabilities and uses; (3) how the system makes, informs, or supports conclusions, decisions, or judgments; and (4) whether and how an impact assessment was conducted prior to implementation. This obligation applies only to production companies approved by the Department of Economic Development, not to interactive entertainment production companies.

Statutory Text

Any production company deploying artificial intelligence systems for use in production in this state shall: (1) Not later than December 31, 2027, and annually thereafter, conduct an inventory of all systems that employ artificial intelligence and are in use and publish such inventory on a publicly accessible website. Each inventory shall include, but not be limited to, the following information for each artificial intelligence system: (A) The name of such system and the vendor, if any, that provided such system; (B) A description of the general capabilities and uses of such system; (C) The manner in which such system is able to be used to independently make, inform, or materially support a conclusion, decision, or judgment; and (D) The manner in which such system underwent an impact assessment prior to implementation;

Other · Deployer · Content Generation

O.C.G.A. § 10-1-972(2)

Plain Language

Production companies deploying AI systems for production in Georgia must issue a disclaimer explaining how AI was adopted and deployed and identifying any data, sources, or metrics used. The bill does not specify to whom the disclaimer must be issued (e.g., the public, performers, or regulators), nor does it prescribe a format or timing. This creates an affirmative disclosure obligation but leaves significant implementation details undefined.

Statutory Text

Any production company deploying artificial intelligence systems for use in production in this state shall: (2) Issue a disclaimer which provides how the use of artificial intelligence was adopted and deployed and any data, sources, or metrics which were used;

CP-02 Non-Consensual Intimate Imagery · CP-02.4 · Deployer · Content Generation

O.C.G.A. § 10-1-972(3)

Plain Language

Production companies must obtain a compliant consent contract under § 10-1-971(c) before using any digital replica of a performer. This is a production-company-specific restatement and reinforcement of the consent requirement — it makes clear that the consent contract obligation applies as a precondition to production use, not just to publication or distribution. The contract must meet all requirements of § 10-1-971(c), including the ten-year maximum, fair compensation, and specificity requirements.

Statutory Text

Any production company deploying artificial intelligence systems for use in production in this state shall: (3) Obtain a contract pursuant to subsection (c) of Code Section 10-1-971 prior to the use of a digital replica of a performer.

Other · Content Generation

O.C.G.A. § 10-1-973(a)-(c)

Plain Language

This section establishes the enforcement framework for the Act. The Attorney General may enforce violations using the same powers available under Georgia's Fair Business Practices Act. Aggrieved performers may bring private civil actions seeking actual damages, equitable relief (injunctions, restitution), punitive damages, attorney's fees, and any other relief the court deems proper. This creates no new compliance obligation — it defines who can enforce the substantive obligations in §§ 10-1-971 and 10-1-972 and what remedies are available.

Statutory Text

(a) The Attorney General shall have authority to initiate any proceedings and to exercise any power or authority in the same manner as if he or she were acting under Part 2 of Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' relating to violations or potential violations of this article. (b) A performer 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. (c) Courts may grant injunctive relief to an individual aggrieved by a violation of this article.