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.
This Act may be cited as the Digital Voice and Likeness Protection Act.
Establishes the short title of the Act as the Digital Voice and Likeness Protection Act. This section creates no compliance obligations.
"Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.Section 5" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.Section 5" includes generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.Section 5.
"Digital replicaDigital replica"Digital replica" means a newly created, electronic representation of the identity of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear and that is so realistic that a reasonable observer would believe it is a performance by the individual being portrayed and no other individual.Section 5" means a newly created, electronic representation of the identity of an actual individual created using a computer, algorithm, software, tool, artificial intelligenceArtificial intelligence"Artificial intelligence" means a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments. "Artificial intelligence" includes generative artificial intelligence.Section 5, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear and that is so realistic that a reasonable observer would believe it is a performance by the individual being portrayed and no other individual.
"Generative artificial intelligenceGenerative artificial intelligence"Generative artificial intelligence" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.Section 5" means an automated computing system that, when prompted with human prompts, descriptions, or queries, can produce outputs that simulate human-produced content, including, but not limited to, the following: (1) textual outputs, such as short answers, essays, poetry, or longer compositions or answers; (2) image outputs, such as fine art, photographs, conceptual art, diagrams, and other images; (3) multimedia outputs, such as audio or video in the form of compositions, songs, or short-form or long-form audio or video; and (4) other content that would be otherwise produced by human means.
Section 5 defines the key terms used throughout the Act. Artificial intelligence is defined broadly using the OECD-aligned formulation (machine-based system that infers from inputs how to generate outputs). Digital replica is the core regulated concept — a newly created electronic representation of an individual's identity, fixed in a sound recording or audiovisual work, that is so realistic a reasonable observer would believe it is an authentic performance by the depicted individual. Generative artificial intelligence is defined as a subset of AI that produces outputs simulating human-produced content across text, image, multimedia, and other modalities.
(a) 1 A provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2) the provision does not include a reasonably specific description of the intended uses of the digital replicaDigital replica"Digital replica" means a newly created, electronic representation of the identity of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear and that is so realistic that a reasonable observer would believe it is a performance by the individual being portrayed and no other individual.Section 5; and (3) the individual was not either: (A) represented by legal counsel who negotiated on behalf of the individual licensing his or her digital replicaDigital replica"Digital replica" means a newly created, electronic representation of the identity of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear and that is so realistic that a reasonable observer would believe it is a performance by the individual being portrayed and no other individual.Section 5 rights and the licensing terms governing the use of the applicable digital replicaDigital replica"Digital replica" means a newly created, electronic representation of the identity of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear and that is so realistic that a reasonable observer would believe it is a performance by the individual being portrayed and no other individual.Section 5 exist in a written agreement; or (B) represented by a labor union representing workers who do the proposed work and the terms of the individual's collective bargaining agreement expressly covers uses of digital replicasDigital replica"Digital replica" means a newly created, electronic representation of the identity of an actual individual created using a computer, algorithm, software, tool, artificial intelligence, or other technology that is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear and that is so realistic that a reasonable observer would believe it is a performance by the individual being portrayed and no other individual.Section 5 as that term is defined in this Act or in the individual's collective bargaining agreement.
Section 10 is the operative heart of the Act. It declares a contractual provision unenforceable as contrary to public policy when that provision authorizes the creation and use of an individual's digital replica in place of work the individual would otherwise perform in person, but fails to include a reasonably specific description of intended uses, and the individual was not represented by either legal counsel who negotiated written licensing terms or a labor union whose collective bargaining agreement expressly covers digital replica uses. All three conditions must be met for the provision to be voided — if the agreement includes specific use descriptions, or the individual had counsel or union representation, the provision survives.
The structure is protective of workers who sign broad digital-replica licensing clauses without adequate representation or specificity. It does not prohibit digital replicas outright; rather, it requires informed, represented consent with clearly delineated uses.
This Act applies to agreements entered into after the effective date of this Act.
Section 15 limits the temporal scope of the Act to agreements entered into after its effective date. This is a standard non-retroactivity provision — existing contracts containing digital replica clauses are not affected, regardless of whether they would otherwise be rendered unenforceable under Section 10.