WHAT THIS BILL REGULATES · 3 REQUIREMENT TYPES
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.
(1)–(8) As used in this article, the term: (1) 'Artificial intelligence systemArtificial intelligence system'Artificial intelligence system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-1-970(1)' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systemsArtificial intelligence system'Artificial intelligence system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-1-970(1) may vary in the forms of information they can receive and in the human cognitive processes they can emulate. (2) '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. § 10-1-970(2)' means written assent in fact provided by an individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5) which affirmatively, expressly, and specifically provides for the allowance, extent, purpose, and duration of the use of the individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5)'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. § 10-1-970(6) 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. § 10-1-970(2) implied by silence, agreement to general terms and conditions, or a prior agreement which is unrelated to the individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5)'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. § 10-1-970(3). (3)(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. § 10-1-970(3)' 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. § 10-1-970(4) or other computer system that is an exact copy, imitation, or close approximation of the likeness of an individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5) 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.O.C.G.A. § 10-1-970(5) 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.O.C.G.A. § 10-1-970(5) 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. (4) '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. § 10-1-970(4)' 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. (5) 'IndividualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5)' means a natural person. (6) '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. § 10-1-970(6)' means the actual or simulated image, voice, signature, or other uniquely identifying features of an individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5), including the individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5)'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.O.C.G.A. § 10-1-970(5) that are readily identifiable as the individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5) through visual or auditory means. (7) 'PerformerPerformer'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.O.C.G.A. § 10-1-970(7)' means any individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5), including, but not limited to, an actor, actress, voice actor, stunt performerPerformer'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.O.C.G.A. § 10-1-970(7), model, or other creative professional whose 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. § 10-1-970(6) is used in film, television, streaming, advertisements, gaming, or other media. (8) 'Production companyProduction company'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.O.C.G.A. § 10-1-970(8)' means a company, other than a qualified interactive entertainment production companyProduction company'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.O.C.G.A. § 10-1-970(8), primarily engaged in qualified production activities which have been approved by the Department of Economic Development.
Section 10-1-970 establishes the defined terms for the new Article 38. Key terms include digital replica (a highly realistic AI-generated or computer-generated electronic representation of an individual's likeness), consent (written, affirmative, express, and specific — excluding implied consent, general T&C acceptance, or unrelated prior agreements), performer (broadly defined to include actors, voice actors, stunt performers, models, and other creative professionals), and production company (companies primarily engaged in qualified production activities approved by the Department of Economic Development, excluding qualified interactive entertainment production companies).
The definition of likeness is notably broad, encompassing image, voice, signature, mannerisms, speech patterns, physical characteristics, and any unique identifiable feature. The digital replica definition carves out sampling and remixing authorized by the copyright holder.
(a)–(b) 1 Any individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5) or production companyProduction company'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.O.C.G.A. § 10-1-970(8) 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 performerPerformer'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.O.C.G.A. § 10-1-970(7) without his or her 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. § 10-1-970(2); 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 performerPerformer'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.O.C.G.A. § 10-1-970(7) or performersPerformer'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.O.C.G.A. § 10-1-970(7) without the consent of such performerPerformer'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.O.C.G.A. § 10-1-970(7) or performersPerformer'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.O.C.G.A. § 10-1-970(7); and (B) Has only limited commercially significant purpose or use other than to produce a digital replica of a specifically identified performerPerformer'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.O.C.G.A. § 10-1-970(7) or performersPerformer'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.O.C.G.A. § 10-1-970(7) without the consent of such performerPerformer'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.O.C.G.A. § 10-1-970(7) or performersPerformer'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.O.C.G.A. § 10-1-970(7).
(c) 2 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. § 10-1-970(2) to use the digital replica of a performerPerformer'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.O.C.G.A. § 10-1-970(7) shall be obtained through a contract which: (1) Is valid, while the performerPerformer'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.O.C.G.A. § 10-1-970(7) 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 performerPerformer'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.O.C.G.A. § 10-1-970(7) or an authorized representative of the performerPerformer'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.O.C.G.A. § 10-1-970(7); (B) Provides for fair compensation to the performerPerformer'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.O.C.G.A. § 10-1-970(7) for the use of the 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. § 10-1-970(3); (C) Prohibits the perpetual use of the 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. § 10-1-970(3) without compensation to the performerPerformer'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.O.C.G.A. § 10-1-970(7); and (D) Includes a reasonably specific description of the intended use of the 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. § 10-1-970(3).
Section 10-1-971 establishes the bill's core prohibitions and consent framework. Subsection (a) creates civil liability for any individual or production company that engages in a prohibited activity. Subsection (b) defines two categories of prohibited conduct: (1) publishing, distributing, or making available a digital replica of a performer without consent, and (2) distributing a product or service primarily designed to produce unconsented digital replicas of specifically identified performers where the product has only limited commercially significant purpose beyond that use.
Subsection (c) sets mandatory contract requirements for valid consent: contracts must be limited to ten years during the performer's lifetime, must be in writing and signed by the performer or authorized representative, must provide fair compensation, must prohibit perpetual uncompensated use, and must include a reasonably specific description of intended use. The consent requirements are notably strict — general terms and conditions, silence, or unrelated prior agreements do not qualify.
(1) 3 Any production companyProduction company'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.O.C.G.A. § 10-1-970(8) deploying artificial intelligence systemsArtificial intelligence system'Artificial intelligence system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-1-970(1) 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 systemArtificial intelligence system'Artificial intelligence system' means an engineered or machine based system that emulates the capability of a person to receive audio, visual, text, or any other form of information and use the information received to emulate a human cognitive process, including, but not limited to, learning, generalizing, reasoning, planning, predicting, acting, or communicating; provided, however, that artificial intelligence systems may vary in the forms of information they can receive and in the human cognitive processes they can emulate.O.C.G.A. § 10-1-970(1): (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;
(2) 4 Issue a disclaimer which provides how the use of artificial intelligence was adopted and deployed and any data, sources, or metrics which were used;
(3) 5 Obtain a contract pursuant to subsection (c) of Code Section 10-1-971 prior to the use of a digital replica of a performerPerformer'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.O.C.G.A. § 10-1-970(7).
Section 10-1-972 imposes three distinct obligations specifically on production companies deploying AI systems for use in production in Georgia. First, by December 31, 2027 and annually thereafter, production companies must conduct and publicly publish an inventory of all AI systems in use, including each system's name, vendor, capabilities, decision-making role, and impact assessment status. Second, production companies must issue a disclaimer describing how AI was adopted and deployed and what data, sources, or metrics were used. Third, production companies must obtain a compliant consent contract before using a performer's digital replica.
The inventory obligation is structurally similar to government AI inventory requirements in other jurisdictions but is here applied to private-sector production companies — an unusual legislative choice. The disclaimer obligation is vague as to form, timing, and audience.
(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 performerPerformer'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.O.C.G.A. § 10-1-970(7) 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 individualIndividual'Individual' means a natural person.O.C.G.A. § 10-1-970(5) aggrieved by a violation of this article.
Section 10-1-973 establishes the enforcement framework. Subsection (a) grants the Attorney General authority to initiate proceedings using the same powers available under the Fair Business Practices Act of 1975. Subsection (b) creates a private right of action for aggrieved performers, authorizing recovery of actual damages, equitable relief (including injunction and restitution), punitive damages, reasonable attorney's fees and costs, and any other relief the court deems proper. Subsection (c) separately authorizes courts to grant injunctive relief to any aggrieved individual.
The dual enforcement mechanism — AG authority plus private right of action — and the availability of punitive damages make this a comparatively strong enforcement regime for a digital-replica statute.