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.
Section 1 1 Section 482P-1, Hawaii Revised Statutes, is amended as follows: 1. By adding three new definitions to be appropriately inserted and to read: "Digital ReplicaDigital Replica"Digital Replica" means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. "Digital replica" 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.Haw. Rev. Stat. § 482P-1" means a computer-generated, highly realistic electronic representation that is readily identifiable as the voiceVoice"Voice" means a sound in a medium that is readily identifiable as and attributable to a particular individual, regardless of whether the sound contains the voice or a simulation or digital replica of the voice of the individual.Haw. Rev. Stat. § 482P-1 or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. "Digital replicaDigital Replica"Digital Replica" means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. "Digital replica" 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.Haw. Rev. Stat. § 482P-1" 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. "VoiceVoice"Voice" means a sound in a medium that is readily identifiable as and attributable to a particular individual, regardless of whether the sound contains the voice or a simulation or digital replica of the voice of the individual.Haw. Rev. Stat. § 482P-1" means a sound in a medium that is readily identifiable as and attributable to a particular individual, regardless of whether the sound contains the voiceVoice"Voice" means a sound in a medium that is readily identifiable as and attributable to a particular individual, regardless of whether the sound contains the voice or a simulation or digital replica of the voice of the individual.Haw. Rev. Stat. § 482P-1 or a simulation or digital replica of the voice of the individual." 2. By amending the definition of "likenessLikeness"Likeness" means an image, photograph, painting, sketching, model, diagram, digital replica, or other recognizable representation of an individual's face or body, and includes, in the case of a personality, a characteristic.Haw. Rev. Stat. § 482P-1" to read: ""LikenessLikeness"Likeness" means an image, photograph, painting, sketching, model, diagram, digital replica, or other recognizable representation of an individual's face or body, and includes, in the case of a personality, a characteristic.Haw. Rev. Stat. § 482P-1" means an image, photograph, painting, sketching, model, diagram, digital replicaDigital Replica"Digital Replica" means a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered. "Digital replica" 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.Haw. Rev. Stat. § 482P-1, or other recognizable representation of an individual's face or body, and includes, in the case of a personality, a characteristic."
Section 2 This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
Section 4 This Act shall take effect on January 1, 2077.
Section 1 amends Hawaii's publicity rights definitions in § 482P-1 by adding three new defined terms — Digital Replica, Voice, and an amended definition of Likeness — that together pull AI-generated synthetic representations of an individual into the existing publicity rights framework. By inserting digital replica into the definition of likeness, any commercial use of an AI-generated highly realistic representation of an individual's voice or visual likeness without consent becomes actionable under the pre-existing § 482P liability regime.
The amendment is purely definitional. It expands the scope of an existing cause of action rather than creating new affirmative obligations on AI developers, deployers, or platforms. The carve-out for authorized sampling, remixing, mastering, and digital remastering preserves traditional copyright-licensed audio production workflows.