WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
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)–(6) As used in this article, the term: (1) 'Digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1)' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder. (2) 'IndividualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2)' means a human being, living or dead. (3) 'Online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3)' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online servicesOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) or network access, or the operator of facilities for such service. (4) 'ProductionProduction'Production' means the creation of a digital replica.O.C.G.A. § 10-1-950(4)' means the creation of a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1). (5) 'Right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5)' means the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) whose voice or visual likeness is at issue with respect to a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1). (6) 'Sound recording artistSound recording artist'Sound recording artist' means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.O.C.G.A. § 10-1-950(6)' means an individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) who creates or performs in sound recordings for economic gain or for the livelihood of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2).
Section 10-1-950 supplies the operative definitions that scope the rest of the article. The most consequential definition is digital replica, which is limited to newly created, computer-generated, highly realistic representations and which expressly excludes authorized sampling, remixing, and remastering by the copyright holder.
Online service tracks federal §512-style platform definitions and includes user-generated content forums, application stores, and digital music providers, but excludes pure transit/access providers. Right holder sweeps in licensees and inheritors, materially expanding standing beyond the depicted individual.
(a)–(b) Subject to the other provisions of this Code section, each individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) or right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) shall have the right to authorize the use of the voice or visual likeness of such individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) in a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1). (b) The right described in subsection (a) of this Code section shall have the following characteristics: (1) The right is: (A) A property right; (B) Not assignable during the life of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2); and (C) Licensable, in whole or in part, exclusively or non-exclusively, by the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5); (2) The right shall not expire upon the death of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2), without regard to whether such right is commercially exploited by the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) during the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2)'s lifetime; (3) Upon the death of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2): (A) The right is transferable, licensable, in whole or in part, by the executors, heirs, assigns, licensees, or devisees of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2); and (B) Ownership of the right may be: (i) Transferred, in whole or in part, by any means of conveyance or by operation of law; and (ii) Bequeathed by will or passed as personal property by the applicable laws of intestate succession; (4) The right shall be exclusive to: (A) The individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2), subject to the licensing of the right during the lifetime of such individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) under subsection (a) of Code Section 10-1-952; and (B) The right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5): (i) For a period of ten years after the death of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2); and (ii) If the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) demonstrates active and authorized public use of the voice or visual likeness of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) during the two-year period preceding the expiration of the ten-year period described in division (i) of this paragraph, for an additional five-year period, subject to renewal for additional five-year periods, provided that the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) can demonstrate authorized public use of the voice or visual likeness of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) during the two-year period preceding the expiration of each additional five-year period; and (5) The right shall terminate on the date that is the earlier of: (A) The date on which the ten-year period or five-year period described in division (b)(4)(B)(ii) of this Code section terminates without renewal; or (B) The date that is 70 years after the death of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2).
Section 10-1-951 creates the substantive property right at the core of the bill: each individual (and any successor right holder) controls the use of their voice or visual likeness in a digital replica. The right is non-assignable during life but freely licensable, descendible at death, and durable for a baseline ten years post-mortem with five-year renewal periods conditioned on demonstrated active use, capped at 70 years after death.
This section establishes WHO holds the right and HOW it persists. It does not itself impose compliance duties on AI developers or platforms — those obligations flow from § 10-1-955.
(a) 1 A license described in subparagraph (b)(4)(A) of Code Section 10-1-951: (1) While the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) is living, is valid only to the extent that the license duration does not exceed ten years; and (2) Shall be valid only if the license agreement: (i) Is in writing and signed by the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) or an authorized representative of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2); and (ii) Includes a reasonably specific description of the intended uses of the applicable digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1).
(b) 2 A license as described in subparagraph (b)(1)(C) of Code Section 10-1-951 involving a living individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) who is younger than 18 years of age: (1) Is valid only to the extent that the license duration does not exceed five years, but in any case terminates when the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) reaches 18 years of age; (2) Shall be valid only if the license agreement: (A) Is in writing and signed by the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) or an authorized representative of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2); and (B) Includes a reasonably specific description of the intended uses of the digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); and (3) The license is approved by a court in accordance with the law of this state.
(c)–(d) The provisions of subsections (a) and (b) of this Code section shall not apply if the license is governed by a collective bargaining agreement that addresses digital replicasDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1). (d) The provisions of subsections (a) and (b) of this Code section shall not affect terms and conditions of a license or related contract other than those described in this Code section, and the expiration of such license does not affect the remainder of the license or related contract.
Section 10-1-952 imposes formal-validity requirements on licenses to use an individual's voice or visual likeness in a digital replica. Any AI developer, platform, studio, or advertiser obtaining a license must ensure (1) a writing signed by the individual or authorized representative, (2) a reasonably specific description of the intended uses, and (3) for adults, a maximum 10-year duration. Licenses involving minors face stricter limits: 5-year cap, automatic termination at age 18, and mandatory court approval. Collective bargaining agreements addressing digital replicas are exempt from these formalities.
This is a contracting-formalities rule that operates on AI publishers and developers who use real-person likenesses as training inputs or output material.
(a) A post-mortem transfer or license as provided in subparagraph (b)(3)(A) of Code Section 10-1-951 shall be valid only if the transfer agreement or license agreement is in writing and signed by the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) or an authorized representative of the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5).
(b)–(d) The renewal of a post-mortem right under division (b)(4)(B)(ii) of Code Section 10-1-951 shall be effective if, during the applicable two-year renewal period specified in said division, the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) files a notice with the Secretary of State which shall include: (1) The name of the deceased individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2); (2) A statement, under penalty of perjury, that the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) has engaged in active and authorized public use of the voice or visual likeness during the applicable two-year period; (3) The identity of and contact information for the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5); and (4) Such other information as the Secretary of State may prescribe by regulation. (c) The Secretary of State shall maintain a current directory of post-mortem digital replication rights registered under this Code section. Such directory may include voluntary registrations of the post-mortem right provided in division (b)(4)(b)(i) of Code Section 10-1-951. Such directory shall be posted on the appropriate public website and available to the public for inspection. The Secretary of State may require payment of a reasonable filing fee by the registrant, which may take into consideration the costs of maintaining such directory. (d) The right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) may voluntarily register the post-mortem right under division (b)(4)(B)(i) of Code Section 10-1-951 by filing a notice with the Secretary of State that complies with such requirements regarding form, content, and filing procedures as the Secretary of State may prescribe by regulation.
(e)–(f) The Secretary of State may make such interpretations and resolve such ambiguities as may be appropriate to carry out this article. (f) The Secretary of State shall promulgate rules and regulations necessary to implement and administer the provisions of this article.
Section 10-1-953 imposes formality and registration requirements on post-mortem digital-replica rights. Right holders renewing post-mortem rights beyond the initial ten-year period must file a sworn notice with the Secretary of State demonstrating active and authorized public use during the relevant two-year period. Voluntary registration of the initial post-mortem right is also available. The Secretary of State maintains a public directory and has rulemaking authority.
From a compliance perspective, this section primarily affects estates and licensee-rightholders rather than AI developers directly, but downstream licensees should treat the directory as the canonical source for verifying post-mortem rights ownership.
A digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) that is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission, and the use of which is authorized pursuant to the terms of a license, may continue to be utilized in a manner consistent with the terms of that license after the expiration or termination of the license.
Section 10-1-954 is a savings provision: a digital replica created and used under a valid license may continue to be utilized consistent with that license's terms even after the license expires or terminates. The provision creates no new compliance duty.
(a)–(c) 3 Any person that engages in an activity provided in subsection (b) of this Code section shall be liable in a civil action brought under subsection (e) of this Code section. (b) The following activities shall be prohibited pursuant to this article: (1) The production of a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) without consent of the applicable right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5); or (2) The publication, reproduction, display, distribution, transmission of, or otherwise making available to the public a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) without consent of the applicable right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5). (c) To incur liability under this Code section, a person engaging in an activity shall have actual knowledge, which could be obtained through a notification that satisfies subsection (k) of this Code section, or shall willfully avoid having such knowledge, that: (1) The applicable material is a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); and (2) The digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) was not authorized by the applicable right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5).
(d)–(e) It shall not be a violation of subsection (a) of this Code section if: (1) The applicable digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is produced or used in a bona fide news, public affairs, or sports broadcast or account, provided that the digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is the subject of, or is materially relevant to, the subject of such broadcast or account; or (2) The applicable digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is a representation of the applicable individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless: (A) The productionProduction'Production' means the creation of a digital replica.O.C.G.A. § 10-1-950(4) or use of that digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) creates the false impression that the work is an authentic sound recording, image, transmission, or audiovisual work in which the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) participated; or (B) The digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is embodied in a musical sound recording that is synchronized to accompany a motion picture or other audiovisual work, except to the extent that the use of that digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is protected by the First Amendment to the Constitution of the United States; (3) The applicable digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is produced or used consistent with the public interest in bona fide commentary, criticism, scholarship, satire, or parody; (4) The use of the applicable digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is fleeting or negligible; or (5) The applicable digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is used in an advertisement or commercial announcement for any purpose described in paragraphs (1) through (4) of this subsection and the applicable digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is relevant to the subject of the work so advertised or announced. (e) The exception provided in subsection (d) of this Code section shall not apply where the applicable digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is used to depict sexually explicit conduct, as such term is set forth in Code Section 16-12-100.
(f) 4 No person shall be secondarily liable for a violation of this Code section for manufacturing, importing, offering to the public, providing, or otherwise distributing a product or service unless the product or service: (1) Is primarily designed to produce one or more unauthorized digital replicasDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); (2) Has only limited commercially significant purpose or use other than to produce an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); or (3) Is marketed, advertised, or otherwise promoted by that person or another acting in concert with that person with that person's knowledge for use in producing an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1).
(g)–(j) 5 An online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) shall not be liable for violating the right described in Code Section 10-1-951 by referring or linking a user to an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1), or by carrying out an activity described in subsection (b) of this Code section, if, upon receiving a notification as provided in subsection (c) of this Code section, the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) removes or disables access to the material that is claimed to be an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) as soon as is technically and practically feasible for such online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3). (h) An online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) shall not be liable for violating the right described in Code Section 10-1-951 by storing third-party provided material that resides on a system or network controlled or operated by or for the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) if, upon receiving a notification that satisfies subsection (c) of this Code section, the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3): (1) Removes, or disables access to, all instances of the material, or an activity using the material, that is claimed to be an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1), as soon as is technically and practically feasible for such online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3); and (2) Having done so, takes reasonable steps to promptly notify the third party which provided the material that the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) has removed or disabled access to the material. (i) The limitations on liability established under this Code section shall apply to an online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) only if the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) has designated an agent to receive notifications under subsection (c) of this Code section by making available through the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3), including on the public website of the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) in a location accessible to the public, and by providing to the Secretary of State, substantially the following information: (1) The name, address, telephone number, and electronic mail address of the agent; and (2) Other contact information that the Secretary of State may determine appropriate. (j) The Secretary of State shall maintain a current directory of designated agents for the purposes of this Code Section. The directory of designated agents shall be available to the public for inspection, including through the internet. The Secretary of State may require payment of a reasonable filing fee by the registrant, which may take into consideration the costs of maintaining the directory of designated agents.
(k)–(m) To be effective under this Code section, a notification of a claimed violation of the right described in Code Section 10-1-951 shall be a written communication provided to the designated agent of an online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) that includes the following: (1) A physical or electronic signature of the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5), a person authorized to act on behalf of the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5), or an eligible plaintiff under subsection (n) of this Code section; (2) Identification of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2), the voice or visual likeness of whom is being used in an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); (3) Identification of the material containing an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1), including information sufficient to allow the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) to locate the allegedly unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); (4) Information reasonably sufficient to permit the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) to contact the notifying party, such as an address, telephone number, and electronic mail address; (5) A statement that the notifying party believes in good faith that the material is an unauthorized use of a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); (6) If not the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) or an eligible plaintiff under subsection (n) of this Code section, a statement that the notifying party has the authority to act on behalf of the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5); (7) For the purposes of subsection (g) of this Code section, information reasonably sufficient to: (A) Identify the reference or link to the material or activity claimed to be an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) that is to be removed or to which access is to be disabled; and (B) Permit the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) to locate the reference or link described in subparagraph (A) of this paragraph. (l) It shall be unlawful to knowingly materially misrepresent under subsection (k) of this Code section: (1) That the material requested to be removed is an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); (2) That a person has the authority to act on behalf of the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5); or (3) That a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) is not authorized by the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) or by other law. (m) Any person that violates subsection (l) of this Code section shall be liable for an amount equal to the greater of $5,000.00 or any actual damages, including costs and attorney's fees, incurred by the alleged violator, as well as by any online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) injured by the reliance of the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) on the misrepresentation in removing or disabling access to the material or activity claimed to be an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1).
(n)–(q) A civil action for a violation of this Code section may be brought by: (1) A right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5); (2) If the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) is younger than 18 years of age, a parent or guardian of the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2); (3) Any other person that controls, including by virtue of a license, the right to authorize the use of the voice or visual likeness of the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5); (4) Any other person that owns or controls the right to authorize the use of the voice or visual likeness of a deceased individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2); or (5) In the case of a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) involving a sound recording artistSound recording artist'Sound recording artist' means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.O.C.G.A. § 10-1-950(6), any person that has, directly or indirectly, entered into: (A) A contract for the exclusive personal services of the sound recording artistSound recording artist'Sound recording artist' means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.O.C.G.A. § 10-1-950(6) as a sound recording artistSound recording artist'Sound recording artist' means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.O.C.G.A. § 10-1-950(6); or (B) An exclusive license to distribute or transmit one or more works that capture the audio performance of the sound recording artistSound recording artist'Sound recording artist' means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.O.C.G.A. § 10-1-950(6). (o) A civil action may not be brought under this Code section unless the action is commenced not later than three years after the date on which the party seeking to bring the civil action discovered, or with due diligence should have discovered, the applicable violation. (p) It shall not be a defense in a civil action brought under this Code section that the defendant displayed or otherwise communicated to the public a disclaimer stating that the applicable digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) was unauthorized or disclosing that the digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) was generated through the use of artificial intelligence or other technology. (q) In any civil action brought under this Code section: (1) An individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) or entity that engages in an activity described in subsection (b) of Code Section 10-1-955 shall be liable to the injured party in an amount equal to the greater of: (A)(i) In the case of an individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2), $5,000.00 per work embodying the applicable unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); (ii) In the case of an entity that is an online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3), $5,000.00 per violation; and (iii) In the case of an entity that is not an online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3), $25,000.00 per work embodying the applicable unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); or (B) Any actual damages suffered by the injured party as a result of the activity, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. (2) The plaintiff may seek injunctive or other equitable relief; (3) In the case of willful activity in which the injured party has proven that the defendant acted with malice, fraud, knowledge, or willful avoidance of knowledge that the conduct violated the law, the court may award to the injured party punitive damages; (4) If the party bringing the action prevails, the court shall award reasonable attorney's fees. If the party defending the action prevails, the court shall award reasonable attorney's fees if the court determines that the action was not brought in good faith; (5) For purposes of this subsection, the term 'violation' means each display, copy, transmission, and each instance of the unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) being otherwise made available on the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3), unless the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) has taken reasonable steps to remove, or disable access to, the unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) as soon as is technically and practically feasible for the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) upon acquiring knowledge as set forth in subsection (c)(3) of Code Section 10-1-955; (6) An online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) that has an objectively reasonable belief that material that is claimed to be an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) does not qualify as a digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1) under paragraph (1) of Code Section 10-1-950 shall not be liable for statutory or actual damages exceeding $1 million regardless of whether the material is ultimately determined to be an unauthorized digital replicaDigital replica'Digital replica' means a newly created, computer generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that: (A) Is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission: (i) In which the actual individual did not actually perform or appear; or (ii) That is a version of a sound recording, image, or audiovisual work, in which the actual individual did perform or appear, where the fundamental character of the performance or appearance has been materially altered; and (B) Does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.O.C.G.A. § 10-1-950(1); and (7) In the event that the third party that provided the material that the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) has removed or to which the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) has disabled access files a lawsuit against the sender of a notice under subsection (k) of this Code section claiming that such notice was false or deceptive as provided in subsection (l) of this Code section, the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) may, provided that the lawsuit was filed not later than 14 days after the user receives notice that the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) has removed or disabled access to the material, restore the removed material to its network for access by members of the public without monetary liability therefor to either the notice sender or the third party that provided the material that the online serviceOnline service'Online service' means: (A)(i) Any public website, online application, mobile application, or virtual reality environment that predominantly provides a community forum for user generated content, such as sharing videos, images, games, audio files, or other material; or (ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and (B) May include a social media service, social network, or application store; provided, however, that such term does not include a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enabling the operation of the communications service of a provider of online services or network access, or the operator of facilities for such service.O.C.G.A. § 10-1-950(3) had removed or disabled access.
Section 10-1-955 is the core liability provision. It creates a knowledge-gated civil cause of action against any person who, with actual knowledge or willful blindness, produces or publishes an unauthorized digital replica. Statutory carve-outs cover bona fide news, documentaries, commentary, parody, fleeting use, and certain advertising — but no carve-out applies where the replica depicts sexually explicit conduct.
Subsections (g)–(k) establish a DMCA-style notice-and-takedown safe harbor for online services: services that designate an agent with the Secretary of State and remove claimed unauthorized digital replicas as soon as technically and practically feasible avoid liability. Subsections (l)–(m) impose counter-liability on senders of false or misleading takedown notices. Subsection (q) sets tiered statutory damages — $5,000 per work for individuals, $5,000 per violation for online services, $25,000 per work for other entities — plus punitives, mandatory plaintiff attorney's fees, and a $1 million cap for online services with an objectively reasonable belief the material did not qualify as a digital replica. A disclaimer that the replica is unauthorized or AI-generated is expressly not a defense.
(a)–(c) Nothing in this article shall be construed to abrogate causes of action under the common law. (b) Liability under this article shall apply only to: (1) Conduct occurring after the date of enactment of this Act; and (2) In the case of conduct covered by a license or contract, a license or contract that is executed after the date of enactment of this Act. (c) The right granted under subsection (b) of Code Section 10-1-951: (1) Shall apply to any individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2), regardless of whether the individualIndividual'Individual' means a human being, living or dead.O.C.G.A. § 10-1-950(2) dies before or after the date of enactment of this article; and (2) In the case of a right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5) who has died before the date of enactment of this article, shall vest in the executors, heirs, assigns, or devisees of the right holderRight holder'Right holder' means the individual whose voice or visual likeness is at issue with respect to a digital replica and any other person that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of such voice or visual likeness in a digital replica.O.C.G.A. § 10-1-950(5).
Section 10-1-956 preserves common-law causes of action and bars retroactive liability: the article applies only to conduct occurring after enactment and to licenses or contracts executed after enactment. The post-mortem right vests in the heirs and estates of individuals who died before enactment. This section creates no new compliance obligation.