WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) An individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) has property rights in their name, voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g), and visual likenessVisual likeness"Visual likeness" means an actual or simulated physical depiction or representation, digital depiction or representation, or other form of depiction or representation, regardless of the means of its creation, that is readily identifiable as an individual's face or other personal information displayed constituting readily identifiable characteristics of the individual.Section 1(10)(f), if the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) is: (a) a resident of this state; or (b) domiciled in this state at the time of their death.
(2) Whether or not an individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) commercially benefits during their lifetime, their rights: (a) are freely transferable, licensable, and descendible, in whole or in part; (b) do not expire on the death of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) to whom the right applies; and (c) are exclusive to the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) to whom the right applies during their lifetime, subject to the transfer of rights as provided in subsection (2)(a), and to the rights holder's executors, heirs, transferees, or devisees for a period of 20 years after the death of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) unless: (i) the name, voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g), or likeness of an individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) remains in use for commercial purposes by all executors, heirs, transferees, or devisees; or (ii) all executors, heirs, transferees, or devisees of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) exercising the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s property rights are deceased; and (d) terminate 20 years after the date of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s death if no legal action has been taken to transfer or license the right.
(3)(a) 1 A personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) is liable for damages as set forth in subsection (4) if the personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e), without consent of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) exercising the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s property rights or the holder of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s property rights: distributes, transmits, or otherwise makes available to the public an algorithm, software, tool, or other technology, service, or device with actual and specific knowledge that the primary purpose or function of that algorithm, software, tool, or other technology, service, or device is to produce one or more unauthorized digital voice depictionsDigital voice depiction"Digital voice depiction" means a newly created, computer-generated, and highly realistic audio rendering of a particular individual's voice that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work that is nearly indistinguishable from the particular individual's actual voice. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform; or (ii) if the particular individual did perform, the fundamental character of the performance and the depiction were materially altered from the fundamental character of the performance or appearance.Section 1(10)(c) or digital visual depictions of the particular, identified individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) for commercial use;
(3)(b) 2 A personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) is liable for damages as set forth in subsection (4) if the personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e), without consent of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) exercising the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s property rights or the holder of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s property rights: intentionally publishes, performs, distributes, transmits, or makes available to the public a digital voice depictionDigital voice depiction"Digital voice depiction" means a newly created, computer-generated, and highly realistic audio rendering of a particular individual's voice that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work that is nearly indistinguishable from the particular individual's actual voice. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform; or (ii) if the particular individual did perform, the fundamental character of the performance and the depiction were materially altered from the fundamental character of the performance or appearance.Section 1(10)(c) or digital visual depictionDigital visual depiction"Digital visual depiction" means a newly created, computer-generated, and highly realistic depiction made for commercial use of the visual likeness of a particular individual that is created or altered in whole or in part using digital technology in a way that the depiction is nearly indistinguishable from an actual depiction of the particular individual. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform or appear; or (ii) if the particular individual did perform or appear, the depiction was materially altered from the fundamental character of the performance or appearance.Section 1(10)(b) for commercial use with actual and specific knowledge that the depiction is a digital voice depictionDigital voice depiction"Digital voice depiction" means a newly created, computer-generated, and highly realistic audio rendering of a particular individual's voice that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work that is nearly indistinguishable from the particular individual's actual voice. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform; or (ii) if the particular individual did perform, the fundamental character of the performance and the depiction were materially altered from the fundamental character of the performance or appearance.Section 1(10)(c) or digital visual depiction of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) and that the depiction is not authorized by the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) or the holder of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s property rights.
(4) A personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) who violates subsection (3)(a) or (3)(b) is liable to the injured personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) for the actual damages suffered by the personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e), plus any profits from the unauthorized use of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s name, voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g), or visual likenessVisual likeness"Visual likeness" means an actual or simulated physical depiction or representation, digital depiction or representation, or other form of depiction or representation, regardless of the means of its creation, that is readily identifiable as an individual's face or other personal information displayed constituting readily identifiable characteristics of the individual.Section 1(10)(f).
(5) If a personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) who violated subsection (3)(b) had an objectively reasonable belief that material that is claimed to be an unauthorized digital voice depictionDigital voice depiction"Digital voice depiction" means a newly created, computer-generated, and highly realistic audio rendering of a particular individual's voice that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work that is nearly indistinguishable from the particular individual's actual voice. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform; or (ii) if the particular individual did perform, the fundamental character of the performance and the depiction were materially altered from the fundamental character of the performance or appearance.Section 1(10)(c) or digital visual depictionDigital visual depiction"Digital visual depiction" means a newly created, computer-generated, and highly realistic depiction made for commercial use of the visual likeness of a particular individual that is created or altered in whole or in part using digital technology in a way that the depiction is nearly indistinguishable from an actual depiction of the particular individual. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform or appear; or (ii) if the particular individual did perform or appear, the depiction was materially altered from the fundamental character of the performance or appearance.Section 1(10)(b) did not qualify as an unauthorized digital voice depictionDigital voice depiction"Digital voice depiction" means a newly created, computer-generated, and highly realistic audio rendering of a particular individual's voice that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work that is nearly indistinguishable from the particular individual's actual voice. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform; or (ii) if the particular individual did perform, the fundamental character of the performance and the depiction were materially altered from the fundamental character of the performance or appearance.Section 1(10)(c) or digital visual depictionDigital visual depiction"Digital visual depiction" means a newly created, computer-generated, and highly realistic depiction made for commercial use of the visual likeness of a particular individual that is created or altered in whole or in part using digital technology in a way that the depiction is nearly indistinguishable from an actual depiction of the particular individual. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform or appear; or (ii) if the particular individual did perform or appear, the depiction was materially altered from the fundamental character of the performance or appearance.Section 1(10)(b), the personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) is not liable for actual damages regardless of whether the material is ultimately determined to be an unauthorized digital voice depictionDigital voice depiction"Digital voice depiction" means a newly created, computer-generated, and highly realistic audio rendering of a particular individual's voice that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work that is nearly indistinguishable from the particular individual's actual voice. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform; or (ii) if the particular individual did perform, the fundamental character of the performance and the depiction were materially altered from the fundamental character of the performance or appearance.Section 1(10)(c) or digital visual depictionDigital visual depiction"Digital visual depiction" means a newly created, computer-generated, and highly realistic depiction made for commercial use of the visual likeness of a particular individual that is created or altered in whole or in part using digital technology in a way that the depiction is nearly indistinguishable from an actual depiction of the particular individual. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform or appear; or (ii) if the particular individual did perform or appear, the depiction was materially altered from the fundamental character of the performance or appearance.Section 1(10)(b).
(6) In establishing profits under subsection (4), the injured party must be required only to present proof of the gross revenue being either directly or indirectly attributable to the unauthorized use. (b) The personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) who violates this section must be required to prove the personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e)'s expenses are deductible from this violation. (c) Punitive damages and reasonable attorney fees may also be awarded to the injured party.
(7) An action to enforce this section may be brought by: (a) the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) whose name, voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g), or visual likenessVisual likeness"Visual likeness" means an actual or simulated physical depiction or representation, digital depiction or representation, or other form of depiction or representation, regardless of the means of its creation, that is readily identifiable as an individual's face or other personal information displayed constituting readily identifiable characteristics of the individual.Section 1(10)(f) is at issue; or (b) any other personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) to which the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) has assigned, bequeathed, transferred, or exclusively licensed their name, voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g), or visual likenessVisual likeness"Visual likeness" means an actual or simulated physical depiction or representation, digital depiction or representation, or other form of depiction or representation, regardless of the means of its creation, that is readily identifiable as an individual's face or other personal information displayed constituting readily identifiable characteristics of the individual.Section 1(10)(f) rights.
(8) It may not be a violation if the use is: (a) by a news-gathering organization; (b) in connection with a news report, public affairs report, sports broadcast, or account; (c) for the purposes of comment, criticism, scholarship, satire, or parody; (d) a representation of an individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) as themself in audiovisual works as defined in 17 U.S.C. 101, unless the work containing the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) participated; (e) fleeting or negligible; or (f) in an advertisement or commercial announcement for a work described in this subsection (8).
(9) No civil action may be maintained under the provisions of this section unless it is commenced within 4 years after the party seeking to bring the claim discovered, or should have reasonably discovered, the violation.
(10) For the purposes of this section, the following definitions apply: (a) "Broadband internet access serviceBroadband internet access service"Broadband internet access service" means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints. The term includes capabilities that are incidental to and enable the operation of the communications service. The term does not include dial-up internet access service.Section 1(10)(a)" means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints. The term includes capabilities that are incidental to and enable the operation of the communications service. The term does not include dial-up internet access service. (b) "Digital visual depictionDigital visual depiction"Digital visual depiction" means a newly created, computer-generated, and highly realistic depiction made for commercial use of the visual likeness of a particular individual that is created or altered in whole or in part using digital technology in a way that the depiction is nearly indistinguishable from an actual depiction of the particular individual. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform or appear; or (ii) if the particular individual did perform or appear, the depiction was materially altered from the fundamental character of the performance or appearance.Section 1(10)(b)" means a newly created, computer-generated, and highly realistic depiction made for commercial use of the visual likeness of a particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) that is created or altered in whole or in part using digital technology in a way that the depiction is nearly indistinguishable from an actual depiction of the particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d). The depiction is such that a reasonable personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) believes the depiction is genuine and: (i) it depicts the particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) in a manner that the particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) did not actually perform or appear; or (ii) if the particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) did perform or appear, the depiction was materially altered from the fundamental character of the performance or appearance. (c) "Digital voice depictionDigital voice depiction"Digital voice depiction" means a newly created, computer-generated, and highly realistic audio rendering of a particular individual's voice that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work that is nearly indistinguishable from the particular individual's actual voice. The depiction is such that a reasonable person believes the depiction is genuine and: (i) it depicts the particular individual in a manner that the particular individual did not actually perform; or (ii) if the particular individual did perform, the fundamental character of the performance and the depiction were materially altered from the fundamental character of the performance or appearance.Section 1(10)(c)" means a newly created, computer-generated, and highly realistic audio rendering of a particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g) that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work that is nearly indistinguishable from the particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s actual voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g). The depiction is such that a reasonable personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e) believes the depiction is genuine and: (i) it depicts the particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) in a manner that the particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) did not actually perform; or (ii) if the particular individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) did perform, the fundamental character of the performance and the depiction were materially altered from the fundamental character of the performance or appearance. (d) "IndividualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)" means a natural personPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e), living or dead, and includes the estate of an incompetent or deceased individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d). (e) "PersonPerson"Person" means an individual, firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations.Section 1(10)(e)" means an individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d), firm, association, partnership, corporation, joint stock company, syndicate, receiver, common law trust, conservator, statutory trust, or any other concern by whatever name known or however organized, formed, or created, and includes not-for-profit corporations, associations, educational and religious institutions, political parties, and community, civic, and other organizations. (f) "Visual likenessVisual likeness"Visual likeness" means an actual or simulated physical depiction or representation, digital depiction or representation, or other form of depiction or representation, regardless of the means of its creation, that is readily identifiable as an individual's face or other personal information displayed constituting readily identifiable characteristics of the individual.Section 1(10)(f)" means an actual or simulated physical depiction or representation, digital depiction or representation, or other form of depiction or representation, regardless of the means of its creation, that is readily identifiable as an individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d)'s face or other personal information displayed constituting readily identifiable characteristics of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d). (g) "VoiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g)" means sounds in any medium containing the actual voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g) or a simulation of the voice of an individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d), whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d) depicted or simulated is readily identifiable from the sound of the voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g) depicted or simulated, or from other personal information displayed in connection with the voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g) or simulation of the voiceVoice"Voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice depicted or simulated, or from other personal information displayed in connection with the voice or simulation of the voice constituting readily identifiable characteristics of the individual.Section 1(10)(g) constituting readily identifiable characteristics of the individualIndividual"Individual" means a natural person, living or dead, and includes the estate of an incompetent or deceased individual.Section 1(10)(d).
(12) This section does not apply to a provider of broadband internet access serviceBroadband internet access service"Broadband internet access service" means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints. The term includes capabilities that are incidental to and enable the operation of the communications service. The term does not include dial-up internet access service.Section 1(10)(a).
Section 1 is the sole operative section of the bill, establishing both the property right and the liability framework. It vests every Montana resident (and every person domiciled in Montana at death) with a property right in their name, voice, and visual likeness that is freely transferable, licensable, and descendible for 20 years post-mortem. The rights do not expire on death and terminate only after the 20-year period if no legal action has been taken to transfer or license them.
The section creates two distinct liability triggers for unauthorized use of digital depictions: distributing AI tools whose primary purpose is producing unauthorized digital voice or visual depictions of a particular individual for commercial use (subsection (3)(a)), and intentionally publishing such depictions for commercial use with actual and specific knowledge (subsection (3)(b)). A good-faith reasonable-belief defense to actual damages is available for subsection (3)(b) violations. The enrolled version removes the prior separate liability tiers and the materiality-contribution prong, consolidating damages. Broad First Amendment exceptions cover news, commentary, satire, parody, fleeting uses, and audiovisual works depicting the individual as themselves unless the work creates a false impression of authenticity.
[Section 1] is intended to be codified as an integral part of Title 30, chapter 14, and the provisions of Title 30, chapter 14, apply to [section 1].
Section 2 directs that Section 1 be codified as part of Title 30, chapter 14 (Trade Practices) of the Montana Code Annotated, making the provisions of that chapter applicable to the new section. This is a codification instruction creating no independent compliance obligation.
[This act] is effective January 1, 2026.
Section 3 sets a delayed effective date of January 1, 2026 for the entire act.