Regulon.AI — GA-HB-1603 · GA HB 1603 (Entertainment AI Performer Protection)

Summary

Prohibits any individual or production company from publishing, distributing, or making available a digital replica of a performer without the performer's written, specific consent. Also prohibits distributing products or services primarily designed to produce non-consensual digital replicas of identified performers. Consent must be obtained through a written contract signed by the performer, limited to ten years, providing fair compensation, prohibiting perpetual uncompensated use, and including a reasonably specific description of intended use. Production companies deploying AI systems in Georgia must conduct and publicly publish an annual inventory of AI systems in use by December 31, 2027, issue disclaimers about AI adoption and data sources, and obtain proper consent contracts before using digital replicas. Enforcement is through both Attorney General action under the Fair Business Practices Act and a private right of action for aggrieved performers, with actual damages, punitive damages, equitable relief, and attorney's fees available.

Enforcement & Penalties

Enforcement Authority

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

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 which the court deems proper. Courts may also grant injunctive relief independently. No statutory minimum or per-violation amount is specified. Punitive damages are available without 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 5 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, display, distribute, transmit, or otherwise make available to the public a digital replica of a performer without that performer's written, specific consent. The prohibition extends beyond direct publication — it also covers distributing or importing a product or service that is primarily designed to produce non-consensual digital replicas of specifically identified performers and has only limited commercially significant purpose beyond that. The consent standard is strict: it must be written, affirmative, and specific as to allowance, extent, purpose, and duration. General terms-of-service acceptance or consent implied by silence does not qualify. The digital replica definition covers both cases where the performer never appeared and cases where the performer's actual appearance has been materially altered.

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.

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

O.C.G.A. § 10-1-971(c)

Plain Language

Any consent contract for use of a performer's digital replica must meet five mandatory requirements to be legally valid: (1) the contract must be in writing and signed by the performer or their authorized representative; (2) it must provide fair compensation; (3) it must prohibit perpetual uncompensated use; (4) it must include a reasonably specific description of the intended use; and (5) while the performer is living, the contract term may not exceed ten years. A contract that fails any of these requirements is invalid, meaning the use would be treated as non-consensual and therefore prohibited. This effectively creates a prescriptive contracting framework — boilerplate or open-ended digital replica licenses will not satisfy the statute.

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 production in Georgia must conduct and publicly publish a comprehensive inventory of all AI systems in use, beginning no later than December 31, 2027 and annually thereafter. Each inventory entry must include the system name and vendor, a description of its capabilities and uses, how it can independently make or inform decisions, and how it underwent an impact assessment prior to implementation. This is a public transparency obligation — the inventory must be posted on a publicly accessible website. Note this applies to all AI systems in use, not just those used for digital replicas.

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 · Content Generation

O.C.G.A. § 10-1-972(2)

Plain Language

Production companies deploying AI in Georgia productions must issue a disclaimer explaining how AI was adopted and deployed and identifying any data, sources, or metrics used. The bill does not specify the format, audience, or distribution method for this disclaimer, nor does it define what level of detail is required. This is a standalone disclosure obligation distinct from the inventory and consent requirements.

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 valid consent contract meeting all the requirements of § 10-1-971(c) — written, signed, fair compensation, ten-year maximum during the performer's lifetime, no perpetual uncompensated use, and reasonably specific intended use description — before using any digital replica of a performer in a production in Georgia. This is a pre-use obligation: the contract must be in place before the digital replica is used, not retroactively obtained.

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.