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 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 contains legislative findings asserting that generative AI systems produce lifelike representations that are materially different from prior technologies and capable of defaming, appropriating the likeness of, or inflicting emotional harm on individuals. The findings frame the bill as a deterrent measure given the infeasibility of preventing misuse at the system level. These findings impose no compliance obligation but establish the rationale for the operative provisions.
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." It imposes no compliance obligation.
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 terms that drive the bill's scope. A GenAI system is defined broadly as any data-trained system that generates derived synthetic content. A realistic representation is the regulated output — a highly realistic, readily identifiable AI-generated depiction of an individual's voice or visual likeness that a reasonable person could not distinguish from the real individual. Notably, the definition carves out content that bears a clear and conspicuous GenAI label or watermark, meaning labeled synthetic media falls outside the bill's reach entirely. This section creates no standalone obligation but is essential to understanding the operative consent requirement.
4(a) 1 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 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 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 operative core of the bill. Before publishing, distributing, transmitting, or otherwise making available to the public a realistic representation, any individual or entity must obtain authorization or consent from the represented individual, or from a parent or legal guardian where the represented person is a minor. The represented individual (or a minor's parent/guardian) may bring a civil action for distribution without the required consent.
The statutory defenses materially narrow the duty: including a GenAI label or disclaimer, using the content such that a reasonable person would assume it was AI-generated, or using satire or parody of a public figure all defeat the claim. Combined with the label/watermark carve-out in the definition, the practical effect is that conspicuously disclosed synthetic media is not actionable.
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) 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 specifies the remedies available in a civil action under Section 4. A prevailing plaintiff is entitled to injunctive relief plus the greater of actual damages and attributable profits (with reasonable attorneys' fees) or a civil penalty not to exceed $1,000 per violation. The provision expressly states that profit, or its absence, is not a criterion for liability. For minors, remedies are reduced: a first violation yields only injunctive relief, while second and subsequent violations expose the minor to the full remedy set. This section defines consequences rather than imposing an independent compliance duty.
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 is held unconstitutional, the remaining provisions survive. It imposes no compliance obligation.
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, giving covered parties a compliance runway. It imposes no independent obligation.