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.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Artificial intelligenceArtificial intelligence"Artificial intelligence." Technology or tools that use predictive algorithms to create new content, including audio, code, images, text, simulations, videos and the likeness of another individual.18 Pa.C.S. § 7681." Technology or tools that use predictive algorithms to create new content, including audio, code, images, text, simulations, videos and the likeness of another individual. "Artificial Intelligence Generated MaterialArtificial Intelligence Generated Material"Artificial Intelligence Generated Material." An image, text or video that used artificial intelligence in whole or in part to create the image, text, simulation or video.18 Pa.C.S. § 7681." An image, text or video that used artificial intelligenceArtificial intelligence"Artificial intelligence." Technology or tools that use predictive algorithms to create new content, including audio, code, images, text, simulations, videos and the likeness of another individual.18 Pa.C.S. § 7681 in whole or in part to create the image, text, simulation or video. "WatermarkWatermark"Watermark." A mark placed on an artificial intelligence generated image, simulation or video.18 Pa.C.S. § 7681." A mark placed on an artificial intelligenceArtificial intelligence"Artificial intelligence." Technology or tools that use predictive algorithms to create new content, including audio, code, images, text, simulations, videos and the likeness of another individual.18 Pa.C.S. § 7681 generated image, simulation or video.
This section establishes the three defined terms used throughout the subchapter. The definition of artificial intelligence is notably broad, covering any technology using predictive algorithms to create new content of any type. Artificial Intelligence Generated Material captures content created using AI in whole or in part. The watermark definition is limited to marks on images, simulations, and video — though the operative watermark requirement in § 7682 also covers text.
1 An individual who creates or distributes an image, text, simulation or video using artificial intelligenceArtificial intelligence"Artificial intelligence." Technology or tools that use predictive algorithms to create new content, including audio, code, images, text, simulations, videos and the likeness of another individual.18 Pa.C.S. § 7681 shall place a watermarkWatermark"Watermark." A mark placed on an artificial intelligence generated image, simulation or video.18 Pa.C.S. § 7681 on 30% of the image, text or video, to which the following shall apply: (1) The watermarkWatermark"Watermark." A mark placed on an artificial intelligence generated image, simulation or video.18 Pa.C.S. § 7681 shall have a minimum of 50% opacity. (2) The watermarkWatermark"Watermark." A mark placed on an artificial intelligence generated image, simulation or video.18 Pa.C.S. § 7681 shall contain the following statement: "Artificial Intelligence Generated MaterialArtificial Intelligence Generated Material"Artificial Intelligence Generated Material." An image, text or video that used artificial intelligence in whole or in part to create the image, text, simulation or video.18 Pa.C.S. § 7681."
This section imposes the bill's core obligation: any individual who creates or distributes AI-generated content must place a visible watermark covering 30% of the content. The watermark must have at least 50% opacity and must contain the prescribed statement identifying the content as AI-generated material. The obligation applies to any individual — not just commercial entities — and covers images, text, simulations, and video without limitation on context or purpose.
Film or television show productions created or distributed in this Commonwealth shall be exempt from section 7682 (relating to watermarkWatermark"Watermark." A mark placed on an artificial intelligence generated image, simulation or video.18 Pa.C.S. § 7681 required) if one of the following is met: (1) Use of artificial intelligenceArtificial intelligence"Artificial intelligence." Technology or tools that use predictive algorithms to create new content, including audio, code, images, text, simulations, videos and the likeness of another individual.18 Pa.C.S. § 7681 for visual effects does not involve the use of an individual. (2) If the use of artificial intelligenceArtificial intelligence"Artificial intelligence." Technology or tools that use predictive algorithms to create new content, including audio, code, images, text, simulations, videos and the likeness of another individual.18 Pa.C.S. § 7681 for visual effects involves the use of an individual, the individual has provided written consent to create a likeness of the individual.
This section carves out film and television productions from the watermark requirement under two conditions: the AI visual effects do not involve any individual's likeness, or the individual whose likeness is used has provided written consent. The exception is limited to productions created or distributed in Pennsylvania and applies only to visual-effects use of AI — other AI uses in film/television would still be subject to the watermark requirement.
Notwithstanding any other provision of law to the contrary, an individual who violates section 7682 (relating to watermarkWatermark"Watermark." A mark placed on an artificial intelligence generated image, simulation or video.18 Pa.C.S. § 7681 required) commits a misdemeanor of the second degree and shall be subject to a $1,000 fine for a first offense. An individual who commits a second or subsequent violation of section 7682 within a five-year period commits a misdemeanor of the second degree and shall be subject to a $10,000 fine.
This section establishes the criminal penalty for violating the watermark requirement. A first offense is a misdemeanor of the second degree with a $1,000 fine. A second or subsequent offense within five years escalates to a $10,000 fine, also as a misdemeanor of the second degree. The enforcement mechanism is exclusively criminal — the bill creates no civil cause of action or administrative enforcement authority.