Regulon — MD-HB-1407 · MD HB 1407 (NO FAKES Act

WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE

6 OBLIGATIONS CP-02.1CP-02.2CP-02.3CP-02.4

How Is This Bill Enforced

Enforcement Authority

Private right of action. A right holder, a parent or guardian of a minor individual, any person who owns or controls the right to authorize use of the voice or visual likeness of a deceased individual, or a person holding an exclusive contract or license with a sound recording artist may bring a civil action. No designated agency enforcer. Three-year statute of limitations from discovery. Online services that designate a notification agent and comply with the notice-and-takedown process receive statutory liability limitations.

Private Right of Action

Private right of action.

Penalties

Statutory damages: $5,000 per work (individual violator), $5,000 per violation (online service), or $25,000 per work (entity that is not an online service). Alternative: actual damages plus defendant's profits attributable to the unauthorized use. Injunctive and equitable relief available. Punitive damages available for willful violations proved by malice, fraud, knowledge, or reckless disregard. Prevailing plaintiff shall be awarded reasonable attorney's fees; prevailing defendant awarded fees only if action was not brought in good faith. Online services with objectively reasonable belief that material is not a digital replica face a $1,000,000 damages cap. Misrepresentation in takedown notifications: greater of $5,000 or actual damages plus costs and attorney's fees.

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.

Statutory Text

Analysis & Obligations

Md. Code, Com. Law § 11-1701

Definitions

(A)–(G) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS INDICATED. (B) "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: (1) IS EMBODIED IN A SOUND RECORDING, AN IMAGE, AN AUDIOVISUAL WORK, INCLUDING AN AUDIOVISUAL WORK THAT DOES NOT HAVE ANY ACCOMPANYING SOUNDS, OR A TRANSMISSION: (I) IN WHICH THE ACTUAL INDIVIDUAL DID NOT ACTUALLY PERFORM OR APPEAR; OR (II) THAT IS A VERSION OF A SOUND RECORDING, AN IMAGE, AN AUDIOVISUAL WORK, OR A TRANSMISSION IN WHICH THE ACTUAL INDIVIDUAL DID PERFORM OR APPEAR, BUT THE FUNDAMENTAL CHARACTER OF THE PERFORMANCE OR APPEARANCE HAS BEEN MATERIALLY ALTERED; AND (2) DOES NOT INCLUDE, WHEN AUTHORIZED BY THE COPYRIGHT HOLDER: (I) THE ELECTRONIC REPRODUCTION OF A SOUND RECORDING OR AN AUDIOVISUAL WORK; (II) THE USE OF A SAMPLE OF ONE SOUND RECORDING OR AUDIOVISUAL WORK WITHIN ANOTHER SOUND RECORDING OR AUDIOVISUAL WORK; OR (III) THE REMIXING, MASTERING, OR DIGITAL REMASTERING OF A SOUND RECORDING OR AN AUDIOVISUAL WORK. (C) "INDIVIDUAL" MEANS A HUMAN BEING, LIVING OR DEAD. (D) (1) "ONLINE SERVICE" MEANS: (I) A PUBLIC-FACING WEBSITE, AN ONLINE APPLICATION, A MOBILE APPLICATION, OR A 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. § 115(E). (2) "ONLINE SERVICE" INCLUDES A SOCIAL MEDIA SERVICE, A SOCIAL NETWORK, OR AN APPLICATION STORE. (3) "ONLINE SERVICE" 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 ENABLE THE OPERATION OF THE COMMUNICATIONS SERVICE OF: (I) A PROVIDER OF ONLINE SERVICES OR NETWORK ACCESS; OR (II) THE OPERATOR OF FACILITIES FOR THE SERVICE. (E) "PRODUCTION" MEANS THE CREATION OF A DIGITAL REPLICA. (F) "RIGHT HOLDER" MEANS THE INDIVIDUAL WHOSE VOICE OR VISUAL LIKENESS IS AT ISSUE WITH RESPECT TO A DIGITAL REPLICA OR ANY PERSON WHO HAS ACQUIRED, THROUGH A LICENSE, INHERITANCE, OR OTHERWISE, THE RIGHT TO AUTHORIZE THE USE OF THE VOICE OR VISUAL LIKENESS IN A DIGITAL REPLICA. (G) "SOUND RECORDING ARTIST" MEANS AN INDIVIDUAL WHO CREATES OR PERFORMS IN SOUND RECORDINGS FOR ECONOMIC GAIN OR FOR THE LIVELIHOOD OF THE INDIVIDUAL.

This section defines the key terms used throughout the subtitle. The definition of digital replica is central — it covers newly created, computer-generated, highly realistic representations of an individual's voice or visual likeness embodied in sound recordings, images, audiovisual works, or transmissions. The definition carves out authorized copyright uses such as electronic reproduction, sampling, remixing, mastering, and remastering. Online service is broadly defined to include user-generated content platforms, digital music providers, social media, social networks, and application stores, but excludes internet service providers and network operators.

Md. Code, Com. Law § 11-1702

Establishment of digital replica right; transferability and duration

(A)–(D) SUBJECT TO THE LIMITATIONS OF THIS SUBTITLE, EACH INDIVIDUAL OR RIGHT HOLDER SHALL HAVE THE RIGHT TO AUTHORIZE THE USE OF THE VOICE OR VISUAL LIKENESS OF THE INDIVIDUAL IN A DIGITAL REPLICA. (2) THE RIGHT IS: (I) A PROPERTY RIGHT; (II) NOT ASSIGNABLE DURING THE LIFE OF THE INDIVIDUAL; AND (III) LICENSABLE, IN WHOLE OR IN PART, EXCLUSIVELY OR NONEXCLUSIVELY, BY THE RIGHT HOLDER. (3) THE RIGHT DOES NOT EXPIRE ON THE DEATH OF THE INDIVIDUAL REGARDLESS OF WHETHER THE RIGHT IS COMMERCIALLY EXPLOITED BY THE INDIVIDUAL DURING THE INDIVIDUAL'S LIFETIME. (B) ON THE DEATH OF AN INDIVIDUAL: (1) THE RIGHT PROVIDED UNDER THIS SECTION MAY BE TRANSFERRED AND LICENSED, IN WHOLE OR IN PART, BY THE EXECUTORS, HEIRS, ASSIGNS, LICENSEES, OR DEVISEES OF THE INDIVIDUAL; AND (2) OWNERSHIP OF THE RIGHT MAY BE: (I) TRANSFERRED, IN WHOLE OR IN PART, BY ANY MEANS OF CONVEYANCE OR BY OPERATION OF LAW; OR (II) BEQUEATHED BY WILL OR PASS AS PERSONAL PROPERTY BY THE APPLICABLE LAWS OF INTESTATE SUCCESSION. (C) (1) THE RIGHT PROVIDED UNDER THIS SECTION IS EXCLUSIVE TO: (I) SUBJECT TO THE LICENSING OF THE RIGHT DURING THE LIFETIME OF THE INDIVIDUAL IN ACCORDANCE WITH § 11-1703 OF THIS SUBTITLE, THE INDIVIDUAL; AND (II) THE RIGHT HOLDER: 1. FOR A PERIOD OF 10 YEARS AFTER THE DEATH OF THE INDIVIDUAL; AND 2. IF THE RIGHT HOLDER DEMONSTRATES ACTIVE AND AUTHORIZED PUBLIC USE OF THE VOICE OR VISUAL LIKENESS OF THE INDIVIDUAL DURING THE 2-YEAR PERIOD IMMEDIATELY PRECEDING THE EXPIRATION OF THE 10-YEAR PERIOD DESCRIBED IN ITEM 1 OF THIS ITEM, SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, FOR AN ADDITIONAL 5-YEAR PERIOD. (2) THE RIGHT HOLDER DESCRIBED UNDER PARAGRAPH (1)(II) OF THIS SUBSECTION MAY CONTINUE TO RENEW THE RIGHT FOR ADDITIONAL 5-YEAR INCREMENTS IF THE RIGHT HOLDER CAN DEMONSTRATE AUTHORIZED PUBLIC USE OF THE VOICE OR VISUAL LIKENESS OF THE INDIVIDUAL DURING THE 2-YEAR PERIOD IMMEDIATELY PRECEDING THE EXPIRATION OF EACH ADDITIONAL 5-YEAR PERIOD. (D) THE RIGHT PROVIDED UNDER THIS SECTION SHALL TERMINATE ON THE DATE THAT IS THE EARLIER OF: (1) THE DATE ON WHICH THE 10-YEAR PERIOD OR ADDITIONAL 5-YEAR PERIOD DESCRIBED IN SUBSECTION (C) OF THIS SECTION TERMINATES WITHOUT RENEWAL; OR (2) THE DATE THAT IS 70 YEARS AFTER THE DEATH OF THE INDIVIDUAL DESCRIBED IN SUBSECTION (B) OF THIS SECTION.

This section establishes the core property right: each individual (or right holder) has the exclusive right to authorize the use of their voice or visual likeness in a digital replica. The right is a property right, not assignable during the individual's lifetime but licensable exclusively or nonexclusively. The right does not expire on death regardless of whether it was commercially exploited during the individual's lifetime.

Post-mortem, the right may be transferred by executors, heirs, assigns, licensees, or devisees. The right is exclusive for 10 years after death, extendable in 5-year increments upon demonstration of active authorized public use, but terminates no later than 70 years after death. This section creates the substantive property interest that other sections of the subtitle enforce.

Md. Code, Com. Law § 11-1703

Licensing requirements for digital replica rights

DeployerDeveloperPublisher

(A)–(B) 1 A LICENSE DESCRIBED IN § 11-1702(A)(2)(III) OF THIS SUBTITLE SHALL BE VALID: (1) WHILE THE INDIVIDUAL DESCRIBED IN § 11-1702(A) OF THIS SUBTITLE IS LIVING AND ONLY TO THE EXTENT THAT THE LICENSE DURATION DOES NOT EXCEED 10 YEARS; AND (2) ONLY IF THE LICENSE AGREEMENT: (I) IS IN WRITING AND SIGNED BY THE INDIVIDUAL OR AN AUTHORIZED REPRESENTATIVE OF THE INDIVIDUAL; AND (II) INCLUDES A REASONABLY SPECIFIC DESCRIPTION OF THE INTENDED USES OF THE APPLICABLE DIGITAL REPLICA. (B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, A LICENSE DESCRIBED IN § 11-1702(A)(2)(III) OF THIS SUBTITLE INVOLVING A LIVING MINOR IS VALID ONLY IF: (I) THE LICENSE DURATION DOES NOT EXCEED 5 YEARS; (II) THE LICENSE AGREEMENT: 1. IS IN WRITING AND SIGNED BY THE INDIVIDUAL OR AN AUTHORIZED REPRESENTATIVE OF THE INDIVIDUAL; AND 2. INCLUDES A REASONABLY SPECIFIC DESCRIPTION OF THE INTENDED USES OF THE DIGITAL REPLICA; AND (III) A COURT APPROVES THE LICENSE IN ANY MANNER REQUIRED BY LAW, AS APPLICABLE. (2) NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION, A LICENSE FOR A MINOR SHALL TERMINATE WHEN THE INDIVIDUAL REACHES 18 YEARS OF AGE.

(C) THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF THIS SECTION MAY NOT BE CONSTRUED TO: (1) APPLY IF A LICENSE IS GOVERNED BY A COLLECTIVE BARGAINING AGREEMENT THAT ADDRESSES DIGITAL REPLICAS; (2) AFFECT THE TERMS AND CONDITIONS OF A LICENSE OR RELATED CONTRACT OTHER THAN THOSE DESCRIBED UNDER THIS SECTION; OR (3) AFFECT A FUTURE INTEREST IN A LICENSE OR RELATED CONTRACT AFTER THE LICENSE HAS EXPIRED.

(D) 2 A POSTMORTEM TRANSFER OR LICENSE AS DESCRIBED IN § 11-1702(B) OF THIS SUBTITLE SHALL BE VALID ONLY IF THE TRANSFER AGREEMENT OR LICENSE AGREEMENT IS IN WRITING AND SIGNED BY THE RIGHT HOLDER OR AN AUTHORIZED REPRESENTATIVE OF THE RIGHT HOLDER.

(E) A DIGITAL REPLICA MAY CONTINUE TO BE UTILIZED IN A MANNER CONSISTENT WITH THE TERMS OF A LICENSE AFTER THE EXPIRATION OR TERMINATION OF THE LICENSE IF: (1) THE DIGITAL REPLICA IS EMBODIED IN A SOUND RECORDING, AN IMAGE, AN AUDIOVISUAL WORK, INCLUDING AN AUDIOVISUAL WORK THAT DOES NOT HAVE ANY ACCOMPANYING SOUNDS, OR A TRANSMISSION; AND (2) THE DIGITAL REPLICA IS AUTHORIZED UNDER THE TERMS OF THE LICENSE TO CONTINUE TO BE USED AFTER THE LICENSE EXPIRES OR TERMINATES.

This section imposes formal requirements on licenses to use an individual's voice or visual likeness in digital replicas. For living adults, licenses must be in writing, signed, limited to 10 years, and include a reasonably specific description of intended uses. For living minors, the same requirements apply but the duration is capped at 5 years, court approval may be required, and the license automatically terminates when the individual turns 18. Collective bargaining agreements that address digital replicas are exempt from these requirements. Post-mortem licenses must also be in writing and signed. A grandfathering provision allows continued use of a digital replica after license expiration if the license terms authorized post-expiration use.

Compliance actions 2 items

Persons seeking to use an individual's voice or visual likeness in a digital replica must obtain a written, signed license that includes a reasonably specific description of intended uses, does not exceed 10 years for adults or 5 years for minors, and (for minors) includes court approval if required by law; minor licenses terminate automatically at age 18.

CP-02.4

Persons acquiring post-mortem rights to use a deceased individual's voice or visual likeness in a digital replica must execute a written transfer or license agreement signed by the right holder or authorized representative.

CP-02.4

Md. Code, Com. Law § 11-1704

Post-mortem right renewal and Secretary of State registry

(A) 3 THE RENEWAL OF A POSTMORTEM RIGHT UNDER § 11-1702(B)(2)(II) OF THIS SUBTITLE SHALL BE EFFECTIVE IF, DURING THE APPLICABLE 2-YEAR RENEWAL PERIOD SPECIFIED UNDER § 11-1702(C) OF THIS SUBTITLE, THE RIGHT HOLDER FILES A NOTICE WITH THE SECRETARY OF STATE THAT COMPLIES WITH THE REQUIREMENTS REGARDING FORM AND FILING PROCEDURES AS THE SECRETARY OF STATE MAY PRESCRIBE BY REGULATION AND THAT CONTAINS: (1) THE NAME OF THE DECEASED INDIVIDUAL; (2) A STATEMENT, UNDER PENALTY OF PERJURY, THAT THE RIGHT HOLDER HAS ENGAGED IN ACTIVE AND AUTHORIZED USE OF THE VOICE OR VISUAL LIKENESS DURING THE APPLICABLE 2-YEAR PERIOD; (3) THE IDENTITY OF AND CONTACT INFORMATION FOR THE RIGHT HOLDER; AND (4) ANY OTHER INFORMATION THE SECRETARY OF STATE REQUIRES.

(B) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, THE SECRETARY OF STATE: (I) SHALL MAINTAIN AN UP-TO-DATE DIRECTORY OF POSTMORTEM DIGITAL REPLICATION RIGHTS REGISTERED UNDER THIS SECTION; (II) SHALL MAKE THE DIRECTORY DESCRIBED IN ITEM (I) OF THIS PARAGRAPH AVAILABLE TO THE PUBLIC FOR INSPECTION ONLINE; AND (III) MAY CHARGE A REASONABLE FILING FEE TO A RIGHT HOLDER WHO FILES IN ACCORDANCE WITH SUBSECTION (A) OF THIS SECTION. (2) THE FILING FEE CHARGED BY THE SECRETARY OF STATE UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION SHALL BE BASED ON THE COSTS OF MAINTAINING THE DIRECTORY.

This section establishes the administrative machinery for renewing post-mortem digital replica rights. Right holders must file a notice with the Secretary of State during the applicable 2-year renewal window, containing the deceased individual's name, a statement under penalty of perjury of active authorized use, the right holder's contact information, and any other required information. The Secretary of State must maintain a publicly accessible online directory of postmortem digital replication rights and may charge reasonable filing fees.

Compliance actions 1 item

Right holders seeking to renew a post-mortem digital replica right must file a notice with the Maryland Secretary of State during the applicable 2-year renewal window, including the deceased individual's name, a perjury-backed statement of active authorized use, and the right holder's contact information.

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Md. Code, Com. Law § 11-1705

Liability for unauthorized digital replicas; knowledge requirement and exceptions

DeployerDeveloperPublisher

(A) 4 A PERSON SHALL BE LIABLE IN AN ACTION BROUGHT UNDER § 11-1707 OF THIS SUBTITLE IF THE PERSON: (1) PRODUCES A DIGITAL REPLICA WITHOUT CONSENT OF THE APPLICABLE RIGHT HOLDER; OR (2) PUBLISHES, REPRODUCES, DISPLAYS, DISTRIBUTES, TRANSMITS, OR OTHERWISE MAKES AVAILABLE TO THE PUBLIC A DIGITAL REPLICA WITHOUT CONSENT OF THE APPLICABLE RIGHT HOLDER.

(B) 4 SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, TO INCUR LIABILITY UNDER THIS SECTION, A PERSON ENGAGING IN AN ACTIVITY DESCRIBED UNDER SUBSECTION (A) OF THIS SECTION MUST HAVE ACTUAL KNOWLEDGE OR HAVE WILLFULLY ACTED IN A MANNER TO AVOID ANY KNOWLEDGE THAT: (I) THE APPLICABLE MATERIAL IS A DIGITAL REPLICA; AND (II) THE DIGITAL REPLICA WAS NOT AUTHORIZED BY THE APPLICABLE RIGHT HOLDER. (2) FOR PURPOSES OF PARAGRAPH (1) OF THIS SUBSECTION, ACTUAL KNOWLEDGE CAN BE ESTABLISHED THROUGH A NOTIFICATION THAT SATISFIES THE REQUIREMENTS UNDER § 11-1706(F) OF THIS SUBTITLE.

(C) 4 EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, IT IS NOT A VIOLATION OF SUBSECTION (A) OF THIS SECTION IF: (1) (I) THE APPLICABLE DIGITAL REPLICA IS PRODUCED OR USED IN A BONA FIDE NEWS, PUBLIC AFFAIRS, OR SPORTS BROADCAST OR ACCOUNT; AND (II) THE DIGITAL REPLICA IS THE SUBJECT OF, OR IS MATERIALLY RELEVANT TO, THE SUBJECT OF THE BROADCAST OR ACCOUNT; (2) THE APPLICABLE DIGITAL REPLICA IS A REPRESENTATION OF THE APPLICABLE INDIVIDUAL AS THE INDIVIDUAL IN A DOCUMENTARY OR IN A HISTORICAL OR BIOGRAPHICAL MANNER, INCLUDING SOME DEGREE OF FICTIONALIZATION, UNLESS: (I) THE PRODUCTION OR USE OF THE DIGITAL REPLICA CREATES THE FALSE IMPRESSION THE WORK IS AN AUTHENTIC SOUND RECORDING, IMAGE, TRANSMISSION, OR AUDIOVISUAL WORK IN WHICH THE INDIVIDUAL PARTICIPATED; OR (II) THE DIGITAL REPLICA 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 REPLICA IS PROTECTED BY THE FIRST AMENDMENT TO THE U.S. CONSTITUTION OR ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS; (3) THE APPLICABLE DIGITAL REPLICA 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 REPLICA IS FLEETING OR NEGLIGIBLE; OR (5) THE APPLICABLE DIGITAL REPLICA IS USED IN AN ADVERTISEMENT OR COMMERCIAL ANNOUNCEMENT FOR A PURPOSE DESCRIBED IN ITEMS (1) THROUGH (4) OF THIS SUBSECTION AND THE APPLICABLE DIGITAL REPLICA IS RELEVANT TO THE SUBJECT OF THE WORK BEING ADVERTISED OR ANNOUNCED.

(D) 4 SUBSECTION (C) OF THIS SECTION DOES NOT APPLY IF THE APPLICABLE DIGITAL REPLICA IS USED TO DEPICT SEXUALLY EXPLICIT CONDUCT, AS DEFINED IN 18 U.S.C. § 2256(2)(A).

This section establishes the core prohibition: any person who produces a digital replica without the right holder's consent, or who publishes, reproduces, displays, distributes, transmits, or otherwise makes available an unauthorized digital replica, is civilly liable. Liability requires actual knowledge or willful avoidance of knowledge that the material is a digital replica and that it was unauthorized. Actual knowledge can be established through a compliant notification under § 11-1706(F).

Broad exceptions protect uses in bona fide news, public affairs, sports broadcasts, documentary or biographical works (with exceptions for false-impression and sync-licensed musical recordings), commentary, criticism, scholarship, satire, parody, and fleeting or negligible uses. None of these exceptions apply when the digital replica depicts sexually explicit conduct as defined in 18 U.S.C. § 2256(2)(A).

Compliance actions 1 item

Persons must not produce, publish, reproduce, display, distribute, transmit, or otherwise make available a digital replica of an individual's voice or visual likeness without the consent of the applicable right holder. Liability requires actual knowledge or willful avoidance of knowledge that the material is an unauthorized digital replica. Exceptions exist for bona fide news, documentary, commentary, criticism, scholarship, satire, parody, and fleeting uses — but no exception applies to digital replicas depicting sexually explicit conduct.

CP-02.1

Md. Code, Com. Law § 11-1706

Online service liability limitations and notice-and-takedown procedures

DeployerDeveloperDistributor

(A) 5 SUBJECT TO SUBSECTION (D) OF THIS SECTION, A PERSON MAY NOT BE SECONDARILY LIABLE FOR A VIOLATION UNDER THIS SUBTITLE 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 REPLICAS; (2) HAS ONLY LIMITED COMMERCIALLY SIGNIFICANT PURPOSE OR USE OTHER THAN TO PRODUCE AN UNAUTHORIZED DIGITAL REPLICA; 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 REPLICA.

(B) 6 SUBJECT TO SUBSECTION (D) OF THIS SECTION, AN ONLINE SERVICE MAY NOT BE HELD LIABLE FOR A VIOLATION UNDER THIS SUBTITLE FOR REFERRING OR LINKING A USER TO AN UNAUTHORIZED DIGITAL REPLICA, OR BY CARRYING OUT AN ACTIVITY DESCRIBED IN SUBSECTION (F) OF THIS SECTION, IF THE ONLINE SERVICE REMOVES OR DISABLES ACCESS TO THE MATERIAL THAT IS CLAIMED TO BE AN UNAUTHORIZED DIGITAL REPLICA AS SOON AS IS TECHNICALLY AND PRACTICALLY FEASIBLE FOR THE ONLINE SERVICE.

(C) 6 SUBJECT TO SUBSECTION (D) OF THIS SECTION, AN ONLINE SERVICE MAY NOT BE HELD LIABLE FOR A VIOLATION UNDER THIS SUBTITLE FOR STORING THIRD-PARTY-PROVIDED MATERIAL THAT RESIDES ON A SYSTEM OR NETWORK CONTROLLED OR OPERATED BY OR FOR THE ONLINE SERVICE IF, AFTER RECEIVING A NOTIFICATION THAT SATISFIES SUBSECTION (F) OF THIS SECTION, THE ONLINE SERVICE: (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 REPLICA AS SOON AS IS TECHNICALLY AND PRACTICALLY FEASIBLE FOR THE ONLINE SERVICE; AND (2) AFTER REMOVING OR DISABLING ACCESS, TAKES REASONABLE STEPS TO PROMPTLY NOTIFY THE THIRD PARTY THAT PROVIDED THE MATERIAL THAT THE ONLINE SERVICE HAS REMOVED OR DISABLED ACCESS TO THE MATERIAL.

(D) 7 THE LIMITATIONS ON LIABILITY ESTABLISHED UNDER THIS SECTION APPLY TO AN ONLINE SERVICE ONLY IF THE ONLINE SERVICE: (1) HAS DESIGNATED AN AGENT TO RECEIVE NOTIFICATIONS UNDER SUBSECTION (F) OF THIS SECTION; AND (2) PROVIDES TO THE SECRETARY OF STATE AND MAKES AVAILABLE THROUGH THE ONLINE SERVICE, INCLUDING ON THE WEBSITE OF THE ONLINE SERVICE IN A LOCATION ACCESSIBLE TO THE PUBLIC, THE FOLLOWING INFORMATION: (I) THE NAME, ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS OF THE AGENT; AND (II) ANY OTHER CONTACT INFORMATION THAT THE SECRETARY OF STATE DETERMINES APPROPRIATE.

(E) THE SECRETARY OF STATE: (1) SHALL MAINTAIN A CURRENT DIRECTORY OF DESIGNATED AGENTS FOR THE PURPOSES OF THIS SECTION; (2) SHALL MAKE THE DIRECTORY DESCRIBED IN ITEM (1) OF THIS SUBSECTION AVAILABLE TO THE PUBLIC FOR INSPECTION, INCLUDING THROUGH THE INTERNET; AND (3) MAY REQUIRE PAYMENT OF A REASONABLE FEE BY ONLINE SERVICES TO COVER THE COSTS OF MAINTAINING THE DIRECTORY ESTABLISHED UNDER THIS SUBSECTION.

(F) 6 A NOTIFICATION TO AN ONLINE SERVICE ALLEGING A VIOLATION OF THE RIGHT DESCRIBED IN § 11-1702 OF THIS SUBTITLE SHALL BE A WRITTEN COMMUNICATION PROVIDED TO THE DESIGNATED AGENT OF AN ONLINE SERVICE THAT INCLUDES: (I) A PHYSICAL OR ELECTRONIC SIGNATURE OF THE RIGHT HOLDER, A PERSON AUTHORIZED TO ACT ON BEHALF OF THE RIGHT HOLDER, OR AN ELIGIBLE PLAINTIFF UNDER § 11-1707(B) OF THIS SUBTITLE; (II) IDENTIFICATION OF THE INDIVIDUAL WHOSE VOICE OR VISUAL LIKENESS IS BEING USED IN AN UNAUTHORIZED DIGITAL REPLICA; (III) IDENTIFICATION OF THE MATERIAL CONTAINING AN UNAUTHORIZED DIGITAL REPLICA, INCLUDING INFORMATION SUFFICIENT TO ALLOW THE ONLINE SERVICE TO LOCATE THE ALLEGEDLY UNAUTHORIZED DIGITAL REPLICA; (IV) INFORMATION REASONABLY SUFFICIENT TO ENABLE THE ONLINE SERVICE TO CONTACT THE NOTIFYING PARTY, SUCH AS AN ADDRESS, TELEPHONE NUMBER, AND E-MAIL ADDRESS; (V) IF THE NOTIFICATION IS NOT PROVIDED BY THE RIGHT HOLDER OR AN ELIGIBLE PLAINTIFF UNDER § 11-1707(B) OF THIS SUBTITLE, A STATEMENT THAT THE NOTIFYING PARTY BELIEVES IN GOOD FAITH THAT THE MATERIAL IS AN UNAUTHORIZED USE OF A DIGITAL REPLICA; AND (VI) FOR PURPOSES OF SUBSECTION (B) OF THIS SECTION, INFORMATION SUFFICIENT TO: 1. IDENTIFY THE REFERENCE OR LINK TO THE MATERIAL OR ACTIVITY CLAIMED TO BE AN UNAUTHORIZED DIGITAL REPLICA THAT IS TO BE REMOVED OR TO WHICH ACCESS IS TO BE DISABLED; AND 2. ENABLE THE ONLINE SERVICE TO LOCATE THE REFERENCE OR LINK DESCRIBED IN ITEM 1 OF THIS ITEM. (2) IN A NOTIFICATION TO A DESIGNATED AGENT UNDER PARAGRAPH (1) OF THIS SUBSECTION, A PERSON MAY NOT KNOWINGLY AND MATERIALLY MISREPRESENT THAT: (I) THE MATERIAL REQUESTED TO BE REMOVED IS AN UNAUTHORIZED DIGITAL REPLICA; (II) A PERSON HAS THE AUTHORITY TO ACT ON BEHALF OF THE RIGHT HOLDER; OR (III) A DIGITAL REPLICA IS NOT AUTHORIZED BY THE RIGHT HOLDER OR BY OTHER LAW. (3) A PERSON THAT VIOLATES PARAGRAPH (2) OF THIS SUBSECTION SHALL BE LIABLE FOR DAMAGES IN AN AMOUNT EQUAL TO THE GREATER OF: (I) $5,000; OR (II) 1. ACTUAL DAMAGES, INCLUDING HARM TO AN ONLINE SERVICE CAUSED BY THE RELIANCE OF THE ONLINE SERVICE ON THE MISREPRESENTATION IN REMOVING OR DISABLING ACCESS TO THE MATERIAL OR ACTIVITY CLAIMED TO BE AN UNAUTHORIZED DIGITAL REPLICA; AND 2. COSTS AND ATTORNEY'S FEES.

This section creates a DMCA-style safe harbor framework for online services. Secondary liability is limited for services that do not primarily design, market, or promote products for producing unauthorized digital replicas. Online services are shielded from liability for linking to or storing unauthorized digital replicas if they remove or disable access as soon as technically and practically feasible upon notification. These liability limitations are conditioned on the online service designating a notification agent and providing agent contact information to the Secretary of State and on its website.

The notification requirements mirror DMCA takedown notices: written communication identifying the individual, the allegedly unauthorized material, contact information, and a good-faith statement. Knowing material misrepresentation in a notification creates separate liability for the greater of $5,000 or actual damages plus costs and attorney's fees. The Secretary of State must maintain a public directory of designated agents.

Compliance actions 3 items

Persons must not manufacture, import, offer, provide, or distribute a product or service that is primarily designed to produce unauthorized digital replicas, has only limited commercially significant purpose other than producing unauthorized replicas, or is marketed for use in producing unauthorized replicas.

CP-02.1

Online services must remove or disable access to material claimed to be an unauthorized digital replica as soon as technically and practically feasible after receiving a compliant notification, and must promptly notify the third party that provided the material of the removal. Failure to act upon notification forfeits the statutory safe harbor from liability.

CP-02.2

Online services must designate an agent to receive unauthorized digital replica notifications and must provide the agent's name, address, telephone number, and email address to the Secretary of State and on the online service's publicly accessible website.

CP-02.3

Md. Code, Com. Law § 11-1707

Civil actions, remedies, and damages

(A) IN THIS SECTION, "VIOLATION" MEANS EACH DISPLAY, COPY MADE, TRANSMISSION, AND INSTANCE OF THE UNAUTHORIZED DIGITAL REPLICA BEING OTHERWISE MADE AVAILABLE ON AN ONLINE SERVICE, UNLESS THE ONLINE SERVICE HAS TAKEN REASONABLE STEPS TO REMOVE, OR DISABLE ACCESS TO, THE UNAUTHORIZED DIGITAL REPLICA AS SOON AS IS TECHNICALLY AND PRACTICALLY FEASIBLE FOR THE ONLINE SERVICE AFTER ACQUIRING KNOWLEDGE IN ACCORDANCE WITH § 11-1705(B) OF THIS SUBTITLE.

(B) AN ACTION FOR A VIOLATION OF THIS SUBTITLE MAY BE BROUGHT BY: (1) A RIGHT HOLDER; (2) IF THE INDIVIDUAL IS A MINOR, A PARENT OR GUARDIAN OF THE INDIVIDUAL; (3) ANY OTHER PERSON THAT OWNS OR CONTROLS THE RIGHT TO AUTHORIZE THE USE OF THE VOICE OR VISUAL LIKENESS OF A DECEASED INDIVIDUAL; OR (4) IN THE CASE OF A DIGITAL REPLICA INVOLVING A SOUND RECORDING ARTIST, A PERSON THAT HAS, DIRECTLY OR INDIRECTLY, ENTERED INTO: (I) A CONTRACT FOR THE EXCLUSIVE PERSONAL SERVICES OF THE SOUND RECORDING ARTIST; OR (II) AN EXCLUSIVE LICENSE TO DISTRIBUTE OR TRANSMIT ONE OR MORE WORKS THAT CAPTURE THE AUDIO PERFORMANCE OF THE SOUND RECORDING ARTIST.

(C) AN ACTION MAY NOT BE BROUGHT UNDER THIS SECTION UNLESS THE ACTION IS COMMENCED NOT LATER THAN 3 YEARS AFTER THE DATE ON WHICH THE PARTY SEEKING TO BRING THE ACTION DISCOVERED, OR WITH DUE DILIGENCE SHOULD HAVE DISCOVERED, THE APPLICABLE VIOLATION.

(D) IT IS NOT A DEFENSE IN AN ACTION BROUGHT UNDER THIS SECTION THAT THE DEFENDANT DISPLAYED OR OTHERWISE COMMUNICATED TO THE PUBLIC A DISCLAIMER: (1) STATING THAT THE APPLICABLE DIGITAL REPLICA WAS UNAUTHORIZED; OR (2) DISCLOSING THAT THE DIGITAL REPLICA WAS GENERATED THROUGH THE USE OF ARTIFICIAL INTELLIGENCE OR OTHER TECHNOLOGY.

(E)–(G) SUBJECT TO SUBSECTION (G) OF THIS SECTION, IN AN ACTION BROUGHT UNDER THIS SECTION: (1) AN INDIVIDUAL OR ENTITY THAT ENGAGES IN ACTIVITY DESCRIBED IN § 11-1705(A) OF THIS SUBTITLE SHALL BE LIABLE TO THE INJURED PARTY IN AN AMOUNT EQUAL TO THE GREATER OF: (I) 1. IN THE CASE OF AN INDIVIDUAL, $5,000 PER WORK EMBODYING THE APPLICABLE UNAUTHORIZED DIGITAL REPLICA; 2. IN THE CASE OF AN ENTITY THAT IS AN ONLINE SERVICE, $5,000 PER VIOLATION; OR 3. IN THE CASE OF AN ENTITY THAT IS NOT AN ONLINE SERVICE, $25,000 PER WORK EMBODYING THE APPLICABLE UNAUTHORIZED DIGITAL REPLICA; OR (II) 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 THE USE AND 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 RECKLESS DISREGARD OF KNOWLEDGE THAT THE CONDUCT VIOLATED THE LAW, THE COURT MAY AWARD TO THE INJURED PARTY PUNITIVE DAMAGES; AND (4) IF THE PREVAILING PARTY IS: (I) THE PARTY BRINGING THE ACTION, THE COURT SHALL AWARD REASONABLE ATTORNEY'S FEES; OR (II) THE PARTY DEFENDING THE ACTION, THE COURT SHALL AWARD REASONABLE ATTORNEY'S FEES IF THE COURT DETERMINES THAT THE ACTION WAS NOT BROUGHT IN GOOD FAITH. (F) IF AN ONLINE SERVICE HAS AN OBJECTIVELY REASONABLE BELIEF THAT MATERIAL THAT IS CLAIMED TO BE AN UNAUTHORIZED DIGITAL REPLICA DOES NOT QUALIFY AS A DIGITAL REPLICA AS DEFINED IN § 11-1701 OF THIS SUBTITLE, THE ONLINE SERVICE MAY NOT BE HELD LIABLE FOR STATUTORY OR ACTUAL DAMAGES EXCEEDING $1,000,000, REGARDLESS OF WHETHER THE MATERIAL IS ULTIMATELY DETERMINED TO BE AN UNAUTHORIZED DIGITAL REPLICA. (G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF A THIRD PARTY THAT PROVIDED THE MATERIAL THAT IS REMOVED BY THE ONLINE SERVICE, OR TO WHICH THE ONLINE SERVICE HAS DISABLED ACCESS, FILES A LAWSUIT AGAINST THE SENDER OF A NOTIFICATION UNDER § 11-1706(F) OF THIS SUBTITLE CLAIMING THAT THE NOTIFICATION WAS FALSE OR DECEPTIVE AS DESCRIBED IN § 11-1706(F)(2) OF THIS SUBTITLE, THE ONLINE SERVICE MAY RESTORE THE REMOVED MATERIAL TO ITS NETWORK FOR ACCESS BY MEMBERS OF THE PUBLIC WITHOUT MONETARY LIABILITY TO EITHER: (I) THE NOTICE SENDER; OR (II) THE THIRD PARTY THAT PROVIDED THE MATERIAL THAT THE ONLINE SERVICE HAD REMOVED OR DISABLED ACCESS TO. (2) AN ONLINE SERVICE MAY RESTORE THE REMOVED MATERIAL IN ACCORDANCE WITH PARAGRAPH (1) OF THIS SUBSECTION ONLY IF A THIRD PARTY FILES THE LAWSUIT NOT LATER THAN 14 DAYS AFTER THE THIRD PARTY RECEIVES NOTICE THAT THE ONLINE SERVICE HAS REMOVED THE MATERIAL.

This section establishes the enforcement framework. A violation is defined as each display, copy, transmission, and instance of an unauthorized digital replica being made available — creating per-instance statutory damages exposure. Standing is broad: right holders, parents or guardians of minors, persons controlling post-mortem rights, and persons with exclusive contracts or licenses with sound recording artists may all sue.

A 3-year discovery-rule statute of limitations applies. Displaying a disclaimer — including that the replica was AI-generated — is expressly not a defense. Tiered statutory damages apply: $5,000 per work for individual violators, $5,000 per violation for online services, and $25,000 per work for non-online-service entities. Alternatively, actual damages plus attributable profits are available. Injunctive relief, punitive damages for willful violations, and mandatory attorney's fees for prevailing plaintiffs round out the remedies. An online service with an objectively reasonable belief that material is not a digital replica faces a $1,000,000 damages cap. A restoration provision allows online services to restore removed material if the uploader files a lawsuit within 14 days of removal notice.

Section 2 (Uncodified)

Retroactivity and non-retroactivity provisions

(1)–(2) the right established under § 11-1702(a) of the Commercial Law Article, as enacted by Section 1 of this Act, shall apply to an individual regardless of whether an individual dies before or after the effective date of this Act; but (2) Section 1 of this Act may not be applied or interpreted to establish liability for conduct occurring, or a license or contract executed, before the effective date of this Act.

This uncodified section provides that the digital replica right applies to individuals regardless of whether they die before or after the effective date — extending post-mortem rights retroactively. However, the Act may not establish liability for conduct occurring, or licenses or contracts executed, before the effective date. This creates a prospective-liability-only framework while preserving the underlying property right for all individuals.

Section 3 (Uncodified)

Severability

if any provision of this Act or the application of any provision of this Act to any person or circumstance is held invalid for any reason in a court of competent jurisdiction, the invalidity does not affect other provisions or any other application of this Act that can be given effect without the invalid provision or application, and for this purpose the provisions of this Act are declared severable.

Standard severability clause declaring that if any provision is held invalid, the invalidity does not affect other provisions that can be given effect independently.

Deceptive Conduct AI-generated likeness · consent requirements

6 items

CP-02.4