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.
(A)(1) "UseUse"Use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable.S.C. Code § 39-5-190(A)(1)" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.S.C. Code § 39-5-190(A)(2), or likeness is readily identifiable.
(A)(2) "VoiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.S.C. Code § 39-5-190(A)(2)" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.S.C. Code § 39-5-190(A)(2) or a simulation of the voice of the individual.
Subsection (A) establishes the two operative definitions for the section. Use is defined broadly to include commercial availability of sound recordings or audiovisual works containing a readily identifiable individual. Voice explicitly encompasses AI-generated voice simulations — any sound attributable to a particular individual qualifies regardless of whether it is the actual voice or a synthetic reproduction. This definition is the provision that gives the statute its AI dimension.
(B) Every individual has a property right in the use of that individual's name, photograph, voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.S.C. Code § 39-5-190(A)(2), or likeness in any medium in any manner.
Subsection (B) declares the foundational property right: every individual owns the right to the use of their name, photograph, voice, or likeness in any medium and in any manner. This is a broad, unqualified declaration. It does not by itself create a cause of action — subsection (D) provides the enforcement mechanisms — but it establishes the legal interest that the rest of the section protects.
(C) The exclusive right to commercial exploitation of the property rights is terminated by proof of the nonuse of the name, photograph, voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.S.C. Code § 39-5-190(A)(2), or likeness of an individual for commercial purposes by an executor, assignee, heir, or devisee to the useUse"Use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable.S.C. Code § 39-5-190(A)(1) for a period of two years subsequent to the initial period of ten years following the individual's death.
Subsection (C) addresses the duration of post-mortem rights. The exclusive right to commercial exploitation survives for ten years after the individual's death but terminates if neither the executor, assignee, heir, nor devisee commercially uses the name, photograph, voice, or likeness for a continuous two-year period after the initial ten-year window. This creates a use-it-or-lose-it regime for post-mortem rights.
(D)(1) 1 Any person who knowingly usesUse"Use" includes the commercial availability of a sound recording or audiovisual work in which the individual's name, photograph, voice, or likeness is readily identifiable.S.C. Code § 39-5-190(A)(1) or infringes upon the use of an individual's name, photograph, voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.S.C. Code § 39-5-190(A)(2), or likeness in any medium, in any manner directed to any person other than such individual, for purposes of advertising products, merchandise, goods, or services, or for purposes of fundraising, solicitation of donations, purchases of products, merchandise, goods, or services, without the individual's prior consent, or, in the case of a minor, the prior consent of the minor's parent or legal guardian, or in the case of a deceased individual, the consent of the executor or administrator, heirs, or devisees of the deceased individual, is liable to a civil action.
(D)(2) 2 A person is liable to a civil action if the person publishes, performs, distributes, transmits, or otherwise makes available to the public an individual's voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.S.C. Code § 39-5-190(A)(2) or likeness, with knowledge that use of the voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.S.C. Code § 39-5-190(A)(2) or likeness was not authorized by the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.
(D)(3) 3 A person is liable to a civil action if the person distributes, transmits, or otherwise makes available an algorithm, software, tool, or other technology, service, or device, the primary purpose or function of which is the production of an individual's photograph, voiceVoice"Voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, regardless of whether the sound contains the actual voice or a simulation of the voice of the individual.S.C. Code § 39-5-190(A)(2), or likeness without authorization from the individual or, in the case of a minor, the minor's parent or legal guardian, or in the case of a deceased individual, the executor or administrator, heirs, or devisees of such deceased individual.
Subsection (D) is the operative enforcement provision, creating three distinct bases of civil liability. Paragraph (1) covers the traditional right-of-publicity scenario: unauthorized use for advertising, fundraising, or solicitation. Paragraph (2) extends liability to anyone who publishes, distributes, or transmits an individual's voice or likeness with knowledge that it was unauthorized — removing the commercial-purpose limitation. Paragraph (3) is the AI-specific provision: it imposes liability on any person who distributes an algorithm, software, tool, or other technology whose primary purpose or function is producing an unauthorized individual's photograph, voice, or likeness. This targets deepfake and voice-cloning tool distributors directly. All three paragraphs require consent from the individual (or parent/guardian for minors, or estate representative for deceased individuals).
(E) 4 Where a person has entered into a contract for an individual's exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture an individual's audio performances, an action to enforce the rights set forth in this section may be brought by the person or the individual.
Subsection (E) extends standing to enforce the property rights established in this section to persons who hold exclusive personal-services contracts with recording artists or exclusive licenses to distribute sound recordings. This ensures that record labels and exclusive licensees can bring suit on behalf of — or alongside — the individual whose rights were infringed.
This act takes effect upon approval by the Governor.
Section 2 provides that the act takes effect upon approval by the Governor. No delayed implementation or staged effective dates.