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 is purely procedural and creates no compliance obligations.
(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 clearly define and detail all of the proposed uses of the digital replicadigital replicaA digital replica of the individual's voice or likeness, as used in the context of provisions allowing for the creation and use of such replica in place of work the individual would otherwise have performed in person.Section 5(a)(1) or the generative artificial intelligence systemgenerative artificial intelligence systemGenerative artificial intelligence system, as referenced in Section 5(a)(2) in the context of proposed uses that must be clearly defined and detailed. No formal definition is provided in the Act.Section 5(a)(2); and (3) the individual was not represented in either of the following manners: (A) represented by legal counsel who negotiated on behalf of the individual licensing his or her digital replicadigital replicaA digital replica of the individual's voice or likeness, as used in the context of provisions allowing for the creation and use of such replica in place of work the individual would otherwise have performed in person.Section 5(a)(1) rights and the licensing terms exist in a standalone written agreement; or (B) represented by a labor union representing workers who do the proposed work and the terms of his or her collective bargaining agreement expressly covers uses of digital replicasdigital replicaA digital replica of the individual's voice or likeness, as used in the context of provisions allowing for the creation and use of such replica in place of work the individual would otherwise have performed in person.Section 5(a)(1) and generative artificial intelligence systemsgenerative artificial intelligence systemGenerative artificial intelligence system, as referenced in Section 5(a)(2) in the context of proposed uses that must be clearly defined and detailed. No formal definition is provided in the Act.Section 5(a)(2).
(b) This Act shall apply retroactively.
(c) 2 Any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing a provision as described in subsection (a) shall notify that individual in writing that the provision is unenforceable by January 1, 2025.
Section 5 is the operative heart of the bill. Subsection (a) declares a three-part conjunctive test under which a contractual provision authorizing digital voice or likeness replication is deemed unenforceable as contrary to public policy. All three conditions must be met: the provision must authorize a digital replica in place of work the individual would have performed in person, it must fail to clearly detail all proposed uses of the replica or generative AI system, and the individual must not have been represented by either legal counsel who negotiated a standalone licensing agreement or a labor union whose collective bargaining agreement expressly covers digital replicas. The implication is that adequate specificity in scope or adequate representation by counsel or union is sufficient to save the provision.
Subsection (b) makes the Act retroactive, meaning agreements executed before the bill's effective date are also subject to the unenforceability test. Subsection (c) imposes an affirmative written-notice obligation on any person currently party to an agreement containing an offending provision, requiring notification to the affected individual by January 1, 2025.