A–M As used in the Voice and Visual Likeness Rights Act: A. "copyright holdercopyright holder"copyright holder" means the owner of an exclusive right to an original work pursuant to the terms of a copyright agreement;Section 2(A)" means the owner of an exclusive right to an original work pursuant to the terms of a copyright agreement; B. "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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B)" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) that: (1) is embodied in a sound recording, an image or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holdercopyright holder"copyright holder" means the owner of an exclusive right to an original work pursuant to the terms of a copyright agreement;Section 2(A); C. "individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)" means an actual person domiciled in the state, including a deceased individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) who was domiciled in the state at the time of death, whose voice or individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) likeness is at issue with respect to digital replication; D. "information serviceinformation service"information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing or making available information via telecommunications and includes electronic publishing, but does not include the use of any such capability for the management, control or operation of a telecommunications service;Section 2(D)" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing or making available information via telecommunications and includes electronic publishing, but does not include the use of any such capability for the management, control or operation of a telecommunications servicetelecommunications service"telecommunications service" means the offering of telecommunications for a fee directly to the public, or to classes of users as to be effectively available directly to the public, regardless of the facilities used;Section 2(L); E. "interactive computer serviceinteractive computer service"interactive computer service" means an information service, a system or an access software provider that provides or enables computer access by multiple users to a computer server, specifically including a service or system that provides access to the internet and systems operated or services offered by libraries or educational institutions;Section 2(E)" means an information serviceinformation service"information service" means the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing or making available information via telecommunications and includes electronic publishing, but does not include the use of any such capability for the management, control or operation of a telecommunications service;Section 2(D), a system or an access software provider that provides or enables computer access by multiple users to a computer server, specifically including a service or system that provides access to the internet and systems operated or services offered by libraries or educational institutions; F. "online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F)": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online servicesonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) or network access or the operator of facilities for services; G. "postmortem rightpostmortem right"postmortem right" means a right to use an individual's voice or visual likeness after the death of the individual pursuant to a written licensing agreement;Section 2(G)" means a right to useuse"use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name or voice or visual likeness is readily identifiable.Section 2(M) an individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s voice or visual likeness after the death of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) pursuant to a written licensing agreement; H. "productionproduction"production" means the creation of a digital replica;Section 2(H)" means the creation 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B); I. "right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I)" means a person with the right to authorize the use of an individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s voice or visual likeness 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B); J. "sexually explicit conductsexually explicit conduct"sexually explicit conduct" means actual or simulated: (1) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex; (2) bestiality; (3) masturbation; (4) sadistic or masochistic abuse; or (5) lascivious exhibition of the anus, genitals or pubic area of a person;Section 2(J)" means actual or simulated: (1) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex; (2) bestiality; (3) masturbation; (4) sadistic or masochistic abuse; or (5) lascivious exhibition of the anus, genitals or pubic area of a person; K. "sound recording artistsound recording artist"sound recording artist" means a person who performs in sound recordings for economic gain;Section 2(K)" means a person who performs in sound recordings for economic gain; L. "telecommunications servicetelecommunications service"telecommunications service" means the offering of telecommunications for a fee directly to the public, or to classes of users as to be effectively available directly to the public, regardless of the facilities used;Section 2(L)" means the offering of telecommunications for a fee directly to the public, or to classes of users as to be effectively available directly to the public, regardless of the facilities used; and M. "useuse"use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name or voice or visual likeness is readily identifiable.Section 2(M)" includes the commercial availability of a sound recording or audiovisual work in which the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s name or voice or visual likeness is readily identifiable.

A 1 The right to an individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s voice or visual likeness is a property right exclusive to that individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C). The individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) may license the use of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s voice or visual likeness with instructions, limitations and conditions provided by a licensing agreement. The property right shall not expire on the death of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) regardless of whether the right was commercially exploited by a right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I).

B 1 A right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I) who is not the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) may authorize the use of the voice or visual likeness of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) in accordance with the terms of a licensing agreement. This right is a property right and is licensable by the right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I). A license may survive the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s death. On the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s death, the right may be bequeathed by will or pass as personal property by operation of law.

C 1 The rights provided in Subsection A of this section are exclusive to the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) and may not be transferred during the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s lifetime. The term of this right is limited to seventy years after the death of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C). A right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I) may transfer the rights provided in Subsection B of this section during the ten-year period after the death of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C), and the right may be terminated by the earlier of: (1) proof of the non-use of the name, likeness or voice of an individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) by a right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I) for two years subsequent to the initial ten-year period following the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s death; (2) the death of all executors, transferees, heirs or devisees of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C); or (3) seventy years following the death of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C).

A 2 A license for an adult individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C)'s or emancipated minor's right while the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) is living is valid only to the extent that the license duration does not exceed ten years and is valid only if the license agreement: (1) is in writing and signed by the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) or the authorized representative of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B).

B 3 A license for a living minor's right is valid only to the extent that the license duration does not exceed five years but, in any case, terminates when the minor reaches eighteen years of age. The license is valid only if the license agreement: (1) is in writing and signed by a parent or guardian of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C); (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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B); and (3) is approved by a court in accordance with the laws of the state.

C The provisions of Subsections A and B of this section shall not apply if the 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B).

D The provisions of Subsections A and B of this section shall not affect terms and conditions of a license or related contract other than those described in those subsections, and the expiration of such license shall not affect the remainder of the license or related contract.

A 4 A postmortem rightpostmortem right"postmortem right" means a right to use an individual's voice or visual likeness after the death of the individual pursuant to a written licensing agreement;Section 2(G) shall not be enforceable unless the holder of the postmortem rightpostmortem right"postmortem right" means a right to use an individual's voice or visual likeness after the death of the individual pursuant to a written licensing agreement;Section 2(G) has registered ownership with the secretary of state by submitting a form provided by the secretary of state that includes: (1) the name of the deceased individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C); (2) a statement, under penalty of perjury, that the right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I) has engaged in active and authorized use of the voice or visual likeness during the applicable period; (3) the identity and contact information of the right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I); and (4) other information as the secretary of state may prescribe by rule.

B 5 The secretary of state shall publish an online registry of postmortem digital replication rights authorized pursuant to the Voice and Visual Likeness Rights Act that is publicly accessible.

C The secretary of state may charge a reasonable filing fee to process registrations and maintain the online registry.

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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) embodied in a sound recording, an image or an audiovisual work, the use of which is authorized pursuant to the terms of a license, may be used in a manner consistent with the terms of the license after the expiration or termination of the license.

A 6 A person that produces, publishes, reproduces, displays, distributes or otherwise makes available 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) in the state without the written consent of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) or the right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I) is liable for damages. Each display made, copy made, transmission and instance of 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) made available on an online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) is a violation of the provisions of the Voice and Visual Likeness Rights Act.

B 6 To incur liability, a person that engaged in the violation shall have actual knowledge that the 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) and 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) was not authorized, which may be obtained through a notification from the right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I) or individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C), or shall willfully avoid having knowledge that the material 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B).

C 6 Unless 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) is used to depict sexually explicit conductsexually explicit conduct"sexually explicit conduct" means actual or simulated: (1) sexual intercourse, including genital-genital, oral-genital, anal-genital or oral-anal, whether between persons of the same or opposite sex; (2) bestiality; (3) masturbation; (4) sadistic or masochistic abuse; or (5) lascivious exhibition of the anus, genitals or pubic area of a person;Section 2(J), a violation of the provisions of the Voice and Visual Likeness Rights Act does not occur if the: (1) 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) is produced or used in a bona fide news, public affairs or sports broadcast or account; provided 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) is the subject of or is relevant to the subject of the broadcast or account; (2) 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) is a representation of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) as the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless the productionproduction"production" means the creation of a digital replica;Section 2(H) 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) creates the false impression that the work is an authentic sound recording, image, transmission or audiovisual work in which the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) participated or 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) is embodied in a musical sound recording that is synchronized to accompany a motion picture or other audiovisual work; (3) 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) is produced or used consistent with the public interest in a bona fide commentary, criticism, scholarship, satire or parody; (4) 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) is fleeting or negligible; or (5) 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) is used in an advertisement or commercial announcement for a purpose enumerated in Paragraphs (1) through (4) of this subsection and 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) is relevant to the subject of the work being advertised or announced.

D 7 A person shall not be secondarily liable for a violation of the provisions of the Voice and Visual Likeness Rights Act for manufacturing, importing, offering to the public, providing or otherwise distributing 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) in 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B); (2) has only limited commercially significant purpose or useuse"use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name or voice or visual likeness is readily identifiable.Section 2(M) 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(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 useuse"use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name or voice or visual likeness is readily identifiable.Section 2(M) 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B).

E 8 An online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) shall not be liable for violating the provisions of the Voice and Visual Likeness Rights Act if, upon receiving a notification of alleged violation, the online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) removes or disables access to the material alleged 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) as soon as is practicable.

F 8 An online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) shall not be liable for violating the provisions of the Voice and Visual Likeness Rights Act 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": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) if, upon receiving a notification of violation, the online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) removes or disables access to all instances of the material 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) as soon as is practicable for the online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) and takes reasonable steps to promptly notify the third party that provided the material that the online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) has removed or disabled access to the material.

G A civil action for a violation of the provisions of the Voice and Visual Likeness Rights Act may be brought by: (1) a right holderright holder"right holder" means a person with the right to authorize the use of an individual's voice or visual likeness in a digital replica;Section 2(I); (2) if the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) is a minor, a parent or guardian of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C); (3) a person that controls, even by virtue of a license, the right to authorize the use of the voice or visual likeness of the individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C); (4) a person that owns or controls the right to authorize the use of the voice or visual likeness of a deceased person; or (5) in the case of 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) involving a sound recording artistsound recording artist"sound recording artist" means a person who performs in sound recordings for economic gain;Section 2(K), a person that has directly or indirectly entered into: (a) a contract for the exclusive use of the sound recording artistsound recording artist"sound recording artist" means a person who performs in sound recordings for economic gain;Section 2(K) as a sound recording artistsound recording artist"sound recording artist" means a person who performs in sound recordings for economic gain;Section 2(K); or (b) 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 a person who performs in sound recordings for economic gain;Section 2(K).

H A civil action for private enforcement of the provisions of the Voice and Visual Likeness Rights Act may be brought within three years after the date on which the party bringing the civil action discovered or by exercise of reasonable diligence should have discovered the violation.

I 6 It shall not be a defense that the defendant displayed or otherwise communicated to the public a disclaimer 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) was unauthorized or 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) was generated through the use of artificial intelligence or other technology.

J In a civil action brought pursuant to the Voice and Visual Likeness Rights Act, a person that engages in activity violating that act is liable to the injured party in an amount equal to the greater of: (1) in the case of an individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C), five thousand dollars ($5,000) per work embodying 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B); (2) in the case of an online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F), five thousand dollars ($5,000) per violation; (3) in the case of an entity that is not an individualindividual"individual" means an actual person domiciled in the state, including a deceased individual who was domiciled in the state at the time of death, whose voice or individual likeness is at issue with respect to digital replication;Section 2(C) or an online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F), twenty-five thousand dollars ($25,000) per work embodying 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B); or (4) actual damages suffered by the injured party as a result of the activity, plus profits from the unauthorized useuse"use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name or voice or visual likeness is readily identifiable.Section 2(M) attributable to that useuse"use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name or voice or visual likeness is readily identifiable.Section 2(M) and that are not taken into account in computing the actual damages.

K The plaintiff may seek injunctive or other equitable relief.

L In the case of willful activity in which the injured party has proven that the defendant acted with malice, fraud, knowledge or willful avoidance of knowledge that the conduct violated the law, the court may award to the injured party punitive damages; and if the prevailing party is the party: (1) bringing the court action, the court may award reasonable attorney fees; or (2) defending the court action, the court may award reasonable attorney fees if the court determines that the action was not brought in good faith.

M An online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) that has an objectively reasonable belief that material 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B) pursuant to the Voice and Visual Likeness Rights Act shall not be liable for statutory or actual damages exceeding one million dollars ($1,000,000), regardless of whether the material is 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 or an audiovisual work, including an audiovisual work that does not have accompanying sounds or transmission: (a) in which the individual did not actually perform or appear; or (b) that is a version of a sound recording, an image or an audiovisual work in which the actual individual did perform or appear in which the fundamental character of the performance or appearance has been materially altered; and (2) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering or digital remastering of a sound recording or an audiovisual work authorized by a copyright holder;Section 2(B).

N In the event that the third party that provided the material that the online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) has removed or to which the online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) has disabled access files a lawsuit against the sender of a notice of violation claiming that the notice was false or deceptive, the online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) may restore the removed material to its network for access by members of the public without monetary liability to either the notice sender or the third party that provided the material that the online serviceonline service"online service": (1) means a public-facing website, application or virtual reality environment that provides a community forum for user-generated content, including: (a) videos, images, games, audio files or other material; (b) a digital music provider as defined in 17 U.S.C. Section 115; or (c) a social media service, a social network or an application store; and (2) does not include a service by wire or radio that provides the capability to transmit and receive data from internet endpoints, including capabilities that are incidental to enable the operation of the communications service provider of online services or network access or the operator of facilities for services;Section 2(F) had removed or disabled access.

The Voice and Visual Likeness Rights Act is a law pertaining to intellectual property for the purposes of the federal Communications Act of 1934.

If any part or application of the Voice and Visual Likeness Rights Act is held invalid, the remainder or its application to other situations or persons shall not be affected.

The effective date of the provisions of this act is July 1, 2026.