(A) Subject to the limitations of this subtitle, each individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) or right holderRight holder"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.Md. Code, Com. Law § 11-1701(F) shall have the right to authorize the use of the voice or visual likeness of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) 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: (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.Md. Code, Com. Law § 11-1701(B). (2) The right is: (I) a property right; (II) not assignable during the life of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C); and (III) licensable, in whole or in part, exclusively or nonexclusively, by the right holderRight holder"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.Md. Code, Com. Law § 11-1701(F). (3) The right does not expire on the death of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) regardless of whether the right is commercially exploited by the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) during the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C)'s lifetime.

(B) On the death of an individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C): (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 individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C); 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)–(D) The right provided under this section is exclusive to: (I) subject to the licensing of the right during the lifetime of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) in accordance with § 11-1703 of this subtitle, the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C); and (II) the right holderRight holder"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.Md. Code, Com. Law § 11-1701(F): 1. for a period of 10 years after the death of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C); and 2. if the right holderRight holder"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.Md. Code, Com. Law § 11-1701(F) demonstrates active and authorized public use of the voice or visual likeness of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) 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 holderRight holder"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.Md. Code, Com. Law § 11-1701(F) described under paragraph (1)(II) of this subsection may continue to renew the right for additional 5-year increments if the right holderRight holder"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.Md. Code, Com. Law § 11-1701(F) can demonstrate authorized public use of the voice or visual likeness of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) 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 individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) described in subsection (B) of this section.

(A) 1 A license described in § 11-1702(A)(2)(III) of this subtitle shall be valid: (1) while the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) 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 individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) or an authorized representative of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C); 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: (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.Md. Code, Com. Law § 11-1701(B).

(B) 2 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 individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) or an authorized representative of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C); and 2. 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: (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.Md. Code, Com. Law § 11-1701(B); 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 individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) 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 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: (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.Md. Code, Com. Law § 11-1701(B); (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) 3 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 holderRight holder"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.Md. Code, Com. Law § 11-1701(F) 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 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.Md. Code, Com. Law § 11-1701(F).

(E) 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: (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.Md. Code, Com. Law § 11-1701(B) 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 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: (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.Md. Code, Com. Law § 11-1701(B) 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 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: (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.Md. Code, Com. Law § 11-1701(B) is authorized under the terms of the license to continue to be used after the license expires or terminates.

(A) 4 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 holderRight holder"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.Md. Code, Com. Law § 11-1701(F) 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 individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C); (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 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.Md. Code, Com. Law § 11-1701(F) 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 holderRight holder"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.Md. Code, Com. Law § 11-1701(F); and (4) any other information the Secretary of State requires.

(B) 5 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 holderRight holder"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.Md. Code, Com. Law § 11-1701(F) 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.

(A) 6 A person shall be liable in an action brought under § 11-1707 of this subtitle if the person: (1) produces 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: (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.Md. Code, Com. Law § 11-1701(B) 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 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.Md. Code, Com. Law § 11-1701(F); or (2) publishes, reproduces, displays, distributes, transmits, or otherwise makes 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: (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.Md. Code, Com. Law § 11-1701(B) 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 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.Md. Code, Com. Law § 11-1701(F).

(B) 6 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 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: (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.Md. Code, Com. Law § 11-1701(B); and (II) 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: (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.Md. Code, Com. Law § 11-1701(B) 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 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.Md. Code, Com. Law § 11-1701(F). (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) 6 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 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: (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.Md. Code, Com. Law § 11-1701(B) is produced or used in a bona fide news, public affairs, or sports broadcast or account; and (II) 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: (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.Md. Code, Com. Law § 11-1701(B) is the subject of, or is materially relevant to, the subject of the broadcast or account; (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: (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.Md. Code, Com. Law § 11-1701(B) is a representation of the applicable individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) as the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless: (I) the productionProduction"Production" means the creation of a digital replica.Md. Code, Com. Law § 11-1701(E) or use 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: (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.Md. Code, Com. Law § 11-1701(B) creates the false impression the work is an authentic sound recording, image, transmission, or audiovisual work in which the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) participated; or (II) 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: (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.Md. Code, Com. Law § 11-1701(B) 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: (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.Md. Code, Com. Law § 11-1701(B) is protected by the First Amendment to the U.S. Constitution or Article 40 of the Maryland Declaration of Rights; (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: (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.Md. Code, Com. Law § 11-1701(B) 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: (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.Md. Code, Com. Law § 11-1701(B) 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: (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.Md. Code, Com. Law § 11-1701(B) is used in an advertisement or commercial announcement for a purpose described in items (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: (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.Md. Code, Com. Law § 11-1701(B) is relevant to the subject of the work being advertised or announced.

(D) 6 Subsection (C) of this section does not apply if 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: (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.Md. Code, Com. Law § 11-1701(B) is used to depict sexually explicit conduct, as defined in 18 U.S.C. § 2256(2)(A).

(A) 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 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: (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.Md. Code, Com. Law § 11-1701(B); (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: (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.Md. Code, Com. Law § 11-1701(B); 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: (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.Md. Code, Com. Law § 11-1701(B).

(B) 7 Subject to subsection (D) of this section, an online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) may not be held liable for a violation under this subtitle for 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: (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.Md. Code, Com. Law § 11-1701(B), or by carrying out an activity described in subsection (F) of this section, if the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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: (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.Md. Code, Com. Law § 11-1701(B) as soon as is technically and practically feasible for the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D).

(C) 8 Subject to subsection (D) of this section, an online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) if, after receiving a notification that satisfies subsection (F) of this section, the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D): (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: (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.Md. Code, Com. Law § 11-1701(B) as soon as is technically and practically feasible for the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D); and (2) after removing or disabling access, takes reasonable steps to promptly notify the third party that provided the material that the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) has removed or disabled access to the material.

(D) 9 The limitations on liability established under this section apply to an online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) only if the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D): (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 serviceOnline service"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.Md. Code, Com. Law § 11-1701(D), including on the website of the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 servicesOnline service"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.Md. Code, Com. Law § 11-1701(D) to cover the costs of maintaining the directory established under this subsection.

(F) 10 A notification to an online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) that includes: (I) 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 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.Md. Code, Com. Law § 11-1701(F), 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 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.Md. Code, Com. Law § 11-1701(F), or an eligible plaintiff under § 11-1707(B) of this subtitle; (II) identification of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) whose voice or visual likeness 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: (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.Md. Code, Com. Law § 11-1701(B); (III) 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: (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.Md. Code, Com. Law § 11-1701(B), including information sufficient to allow the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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: (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.Md. Code, Com. Law § 11-1701(B); (IV) information reasonably sufficient to enable the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 holderRight holder"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.Md. Code, Com. Law § 11-1701(F) 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 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: (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.Md. Code, Com. Law § 11-1701(B); 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 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: (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.Md. Code, Com. Law § 11-1701(B) that is to be removed or to which access is to be disabled; and 2. enable the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 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: (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.Md. Code, Com. Law § 11-1701(B); (II) 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 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.Md. Code, Com. Law § 11-1701(F); or (III) 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: (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.Md. Code, Com. Law § 11-1701(B) 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 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.Md. Code, Com. Law § 11-1701(F) 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 serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) caused by the reliance of the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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: (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.Md. Code, Com. Law § 11-1701(B); and 2. costs and attorney's fees.

(A) In this section, "violation" means each display, copy made, transmission, and 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: (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.Md. Code, Com. Law § 11-1701(B) being otherwise made available on an online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D), unless the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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: (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.Md. Code, Com. Law § 11-1701(B) as soon as is technically and practically feasible for the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 holderRight holder"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.Md. Code, Com. Law § 11-1701(F); (2) if the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) is a minor, a parent or guardian of the individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C); (3) 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.Md. Code, Com. Law § 11-1701(C); or (4) 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: (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.Md. Code, Com. Law § 11-1701(B) 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.Md. Code, Com. Law § 11-1701(G), a person that has, directly or indirectly, entered into: (I) 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.Md. Code, Com. Law § 11-1701(G); or (II) 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.Md. Code, Com. Law § 11-1701(G).

(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 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: (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.Md. Code, Com. Law § 11-1701(B) was unauthorized; or (2) 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: (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.Md. Code, Com. Law § 11-1701(B) was generated through the use of artificial intelligence or other technology.

(E)–(F) Subject to subsection (G) of this section, in an action brought under this section: (1) an individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) 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 individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C), $5,000 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: (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.Md. Code, Com. Law § 11-1701(B); 2. in the case of an entity that is an online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D), $5,000 per violation; or 3. in the case of an entity that is not an online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D), $25,000 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: (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.Md. Code, Com. Law § 11-1701(B); 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 serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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: (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.Md. Code, Com. Law § 11-1701(B) 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: (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.Md. Code, Com. Law § 11-1701(B) as defined in § 11-1701 of this subtitle, the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 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: (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.Md. Code, Com. Law § 11-1701(B).

(G) Subject to paragraph (2) of this subsection, if a third party that provided the material that is removed by the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D), or to which the online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) had removed or disabled access to. (2) An online serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) 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 serviceOnline service"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.Md. Code, Com. Law § 11-1701(D) has removed the material.

Section 2 Section 2. And be it further enacted, That: (1) the right established under § 11-1702(a) of the Commercial Law Article, as enacted by Section 1 of this Act, shall apply to an individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) regardless of whether an individualIndividual"Individual" means a human being, living or dead.Md. Code, Com. Law § 11-1701(C) 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.

Section 3 Section 3. And be it further enacted, That, 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.

Section 4 Section 4. And be it further enacted, That this Act shall take effect October 1, 2025.