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(a)–(h) 1. The Legislature finds and declares that: a. Generative artificial intelligence (GenAI) systems enable users to create representations of an individual's image or likeness that are indistinguishable from real life and therefore are materially different from what previous technologies enabled. b. Content created using a GenAI system is unprecedented in its ability to create lifelike representations that deceive viewers into believing the content captures actual people or events. c. GenAI systems enable users to create deceptively realistic representationsRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3 that are entirely new, unlike previous technologies that only enabled users to create realistic content by editing authentic source materials. As a result, GenAI systems enable users to create a wider range of deceptively lifelike content, including content that can be used to defame, appropriate the likeness of, or intentionally inflict emotional harm on another person. d. The unprecedented realism of content created using a GenAI system expands the content's ability to mislead viewers, which intensifies the reputational harm it can inflict, as well as emotional harm in cases where the content contains a representation of another's image or likeness that is obscene, offensive, or sexually abusive. e. An individual's interest in the exclusive use of the individual's own identity includes preservation of autonomy over the individual's personality. Loss of that autonomy can result in intense emotional and other harms. f. GenAI systems enable users to create deceptively lifelike content more quickly and in larger volumes than previous technologies. g. GenAI systems' unprecedented efficiency threatens to overwhelm the State with deceptively lifelike content. h. It is not technologically feasible to consistently prevent a GenAI system from enabling users to create deceptively lifelike content that can be used to defame, appropriate the likeness of, or intentionally inflict emotional harm on another person. As a result, measures to deter misuse of this new technology are necessary to address the unprecedented volume and increased intensity of such harms.
Section 1 sets out the legislative findings motivating the bill. The Legislature declares that generative AI systems enable the creation of representations of individuals' images and likenesses that are indistinguishable from real life, creating unprecedented risks of defamation, likeness appropriation, and emotional harm. The findings emphasize that technological prevention is not feasible and that legal deterrence measures are necessary.
2. This act shall be known and may be cited as the "AI Likeness Protection Act."
Section 2 establishes the short title of the act as the "AI Likeness Protection Act." No compliance obligations arise from this section.
3. As used in P.L. , c. (C. ) (pending before the Legislature as this bill): "Generative artificial intelligence systemGenerative artificial intelligence system"Generative artificial intelligence system" or "GenAI system" means a technology system that is trained on data and can generate derived synthetic content, including text, images, video, and audio, which content emulates the structure and characteristics of the system's training data.Section 3" or "GenAI system" means a technology system that is trained on data and can generate derived synthetic content, including text, images, video, and audio, which content emulates the structure and characteristics of the system's training data. "Realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.
Section 3 defines the two key terms used throughout the bill. Generative artificial intelligence system is defined broadly to cover any technology system trained on data that can generate derived synthetic content. Realistic representation is the regulated output — a highly realistic AI-generated depiction of an individual's voice or visual likeness that a reasonable person could not distinguish from reality. Critically, the definition of realistic representation includes a built-in safe harbor: content that carries a clear and conspicuous label or watermark identifying it as GenAI-produced is excluded entirely from the definition, meaning labeled content falls outside the bill's prohibitions altogether.
4(a) 1 4. a. Prior to publishing, distributing, transmitting, or otherwise making available to the public a realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3, an individual or entity shall obtain authorization or consent from: (1) the individual who is represented in the realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3; or (2) a parent or legal guardian, where applicable, of a minor who is represented in the realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3.
4(b) 1 b. The individual, or the parent or guardian of a minor, if applicable, may bring a civil action for the use of a realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3 without obtaining prior authorization or consent as required by subsection a. of this section.
4(c) 1 c. It shall be a defense to a civil action brought pursuant to subsection b. of this section that: (1) the defendant included a label or disclaimer that the realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3 was created using a GenAI system; (2) the defendant used the realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3 in such a way that a reasonable person would assume that the realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3 was created using a GenAI system; or (3) the plaintiff, or the minor individual represented in the realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3 if applicable, is a public figure, and the use of the realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3 constitutes satire or parody.
Section 4 is the bill's core operative provision. It requires any individual or entity to obtain consent from the depicted person — or from the parent or legal guardian of a depicted minor — before publishing, distributing, transmitting, or otherwise making available to the public a realistic representation created using a GenAI system. The consent requirement is absolute and applies regardless of whether the content is commercial, expressive, or private.
Subsection (b) establishes a private right of action for the depicted individual or the parent/guardian of a depicted minor. Subsection (c) provides three affirmative defenses: (1) the defendant included a GenAI label or disclaimer; (2) the defendant used the representation in a context where a reasonable person would assume it was GenAI-produced; or (3) the depicted person is a public figure and the use constitutes satire or parody. The labeling defense reinforces the definitional carve-out in Section 3 — the bill incentivizes labeling AI-generated likeness content as an alternative to obtaining consent.
5(a) 5. a. Except as provided in subsection b. of this section, a plaintiff in a civil action brought pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be entitled to injunctive relief and to recover the greater of: (1) the damages suffered as a result of the knowing unauthorized use of the realistic representationRealistic representation"Realistic representation" means a highly realistic electronic representation that is created using a GenAI system and is readily identifiable as the voice or visual likeness of an individual that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual individual either did not actually perform or appear, or the actual individual did perform or appear, but the fundamental character of the performance or appearance has been materially altered, which a reasonable person would not be able to determine was not the actual individual appearing or performing solely by seeing or hearing the representation. "Realistic representation" does not include: (1) the use or electronic reproduction of a sample of one sound recording or audiovisual work into another; (2) remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder; or (3) an electronic representation that has a clear and conspicuous label or watermark identifying the electronic representation as the product of a GenAI system.Section 3 as well as any profits that are attributable to the knowing unauthorized use, plus reasonable attorneys' fees; or (2) a civil penalty not to exceed $1,000 per violation. Profit, or lack thereof, generated by the unauthorized use shall not be a criterion for determining liability.
5(b) b. If a minor is found liable for a first violation of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill), the prevailing plaintiff shall be solely entitled to injunctive relief. For the second and each subsequent violation of section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) by the minor, a prevailing plaintiff shall be entitled to all remedies provided in subsection a. of this section.
Section 5 establishes the remedies available to a prevailing plaintiff. The standard remedy is injunctive relief plus the greater of (1) actual damages plus profits attributable to the unauthorized use plus reasonable attorney's fees, or (2) a civil penalty not to exceed $1,000 per violation. The bill explicitly provides that profit or lack thereof is not a criterion for determining liability — this ensures that non-commercial distribution is equally actionable.
A notable carve-out applies when the defendant is a minor: for a first violation, the prevailing plaintiff may only obtain injunctive relief. Full remedies become available for the minor defendant's second and subsequent violations. This graduated liability structure is unusual and appears designed to provide a single warning opportunity for minor defendants before monetary exposure attaches.
6. The provisions of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be severable, and if any of its provisions shall be held to be unconstitutional, the decision of the court shall not affect the validity of the remaining provisions of P.L. , c. (C. ) (pending before the Legislature as this bill).
Section 6 is a standard severability clause providing that if any provision of the act is held unconstitutional, the remaining provisions remain in effect.
7. This act shall take effect on the first day of the eighth month next following the date of enactment.
Section 7 provides that the act takes effect on the first day of the eighth month following enactment. Since the bill has not been enacted, no specific effective date can be calculated.