(i) Notwithstanding paragraph (1) and subject to clause (ii), a person who produces, distributes, or makes available the digital replica of a deceased personality's voice or likeness in an expressive audiovisual work or sound recording without prior consent from a person specified in subdivision (c) shall be liable to any injured party in an amount equal to the greater of ten thousand dollars ($10,000) or the actual damages suffered by a person controlling the rights to the deceased personality's likeness. (ii) For purposes of this section, a digital replica may be used without consent if the use of the digital replica meets any of the following criteria: (I) The use is in connection with any news, public affairs, or sports broadcast or account. (II) The use is for purposes of comment, criticism, scholarship, satire, or parody. (III) The use is a representation of the individual as the individual's self in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless the use is intended to create, and does create, the false impression that the work is an authentic recording in which the individual participated. (IV) The use is fleeting or incidental. (V) The use is in an advertisement or commercial announcement for a work described in subclauses (I) to (IV), inclusive.

(a) Any person who knowingly uses another's name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person's prior consent, or, in the case of a minor, the prior consent of their parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof. In addition, in any action brought under this section, the person who violated the section shall be liable to the injured party or parties in an amount equal to the greater of seven hundred fifty dollars ($750) or the actual damages suffered by them as a result of the unauthorized use, and any profits from the unauthorized use that are attributable to the use and are not taken into account in computing the actual damages. In establishing these profits, the injured party or parties are required to present proof only of the gross revenue attributable to the unauthorized use, and the person who violated this section is required to prove their deductible expenses. Punitive damages may also be awarded to the injured party or parties. The prevailing party in any action under this section shall also be entitled to attorney's fees and costs.
(f) For the purposes of this section, a voice or likeness includes a digital replica, as defined in Section 3344.1.
(g) The remedies provided for in this section are cumulative and shall be in addition to any others provided for by law.

A person may not publish, print, display, or otherwise publicly use for trade or for any commercial or advertising purpose the name, portrait, photograph, image, or other likeness of an individual created through generative artificial intelligence without the express written or oral consent to such use given by any of the following: (a) The individual. (b) Any other person authorized in writing by the individual to license the commercial use of the individual's name, image, or likeness. (c) If the individual is deceased: 1. A person authorized in writing to license the commercial use of the individual's name, image, or likeness; or 2. If a person is not authorized, any one individual from a class composed of the deceased individual's surviving spouse and surviving children. A legal parent or guardian may give consent on behalf of a minor surviving child.

(2) A person may not publish, print, display, or otherwise publicly use for trade or for any commercial or advertising purpose the name, portrait, photograph, image, or other likeness of an individual created through generative artificial intelligence without the express written or oral consent to such use given by any of the following: (a) The individual. (b) Any other person authorized in writing by the individual to license the commercial use of the individual's name, image, or likeness. (c) If the individual is deceased: 1. A person authorized in writing to license the commercial use of the individual's name, image, or likeness; or 2. If a person is not authorized, any one individual from a class composed of the deceased individual's surviving spouse and surviving children. A legal parent or guardian may give consent on behalf of a minor surviving child. (3) A person may not publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, image, or other likeness of an individual without the express written or oral consent to such use given by any of the following: (a) The individual. (b) Any other person authorized in writing by the individual to license the commercial use of the individual's name, image, or likeness. (c) If the individual is deceased: 1. A person authorized in writing to license the commercial use of the deceased individual's name, image, or likeness; or 2. If a person is not authorized, any one individual from a class composed of the individual's surviving spouse and surviving children. A legal parent or guardian may give consent on behalf of a minor surviving child.

(2) A person may not publish, print, display, or otherwise publicly use for trade or for any commercial or advertising purpose the name, portrait, photograph, image, or other likeness of an individual created through generative artificial intelligence without the express written or oral consent to such use given by any of the following: (a) The individual. (b) Any other person authorized in writing by the individual to license the commercial use of the individual's name, image, or likeness. (c) If the individual is deceased: 1. A person authorized in writing to license the commercial use of the individual's name, image, or likeness; or 2. If a person is not authorized, any one individual from a class composed of the deceased individual's surviving spouse and surviving children. A legal parent or guardian may give consent on behalf of a minor surviving child. (3) A person may not publish, print, display or otherwise publicly use for purposes of trade or for any commercial or advertising purpose the name, portrait, photograph, image, or other likeness of an individual without the express written or oral consent to such use given by any of the following: (a) The individual. (b) Any other person authorized in writing by the individual to license the commercial use of the individual's name, image, or likeness. (c) If the individual is deceased: 1. A person authorized in writing to license the commercial use of the deceased individual's name, image, or likeness; or 2. If a person is not authorized, any one individual from a class composed of the individual's surviving spouse and surviving children. A legal parent or guardian may give consent on behalf of a minor surviving child.

(a) Creation, distribution, or exploitation of an individual's likeness in a digital replica for commercial purposes requires consent from the individual for such use. (b) Absence of compensation to an individual for the use of his or her likeness shall not negate the requirements of consent under this article. (f) Liability under this article shall only depend on whether or not an individual consented to the use of his or her likeness in a digital replica.

(d) After receiving notice that an individual did not consent for the use of a digital replica, any entity that knowingly distributes or continues to make available such digital replica shall be in violation of this article.

(a) Any individual or production company that engages in an activity prohibited in subsection (b) of this Code section shall be liable in a civil action brought under this Code section. (b) The following activities shall be prohibited pursuant to this article: (1) The publication, display, distribution, transmission, or communication of, or otherwise making available to the public a digital replica of a performer without his or her consent; or (2) Distributing, importing, transmitting, or otherwise making available to the public a product or service that: (A) Is primarily designed to produce one or more digital replicas of a specifically identified performer or performers without the consent of such performer or performers; and (B) Has only limited commercially significant purpose or use other than to produce a digital replica of a specifically identified performer or performers without the consent of such performer or performers.

Any production company deploying artificial intelligence systems for use in production in this state shall: (3) Obtain a contract pursuant to subsection (c) of Code Section 10-1-971 prior to the use of a digital replica of a performer.

2. A deployer shall not make a chatbot publicly available if the chatbot was knowingly designed to impersonate a real individual, regardless of whether the individual is living or deceased, unless the deployer first obtains permission to impersonate the individual from any of the following: a. For a living individual, from the individual or the individual's legal representative. b. For a deceased individual, from the person responsible for the deceased individual's estate. If no person is responsible for the deceased individual's estate, a deployer may make a chatbot that was designed to knowingly impersonate a deceased individual publicly available without permission if the chatbot was designed solely as an educational or research tool or if a reasonable person would believe the chatbot has objective artistic, cultural, or political value.

2. The owner, licensee or operator of a visual or audio generative artificial intelligence system shall implement a reasonable method to prohibit its users from creating unauthorized realistic depictions of a covered person within sixty days of being notified by such covered person that such covered person does not want a realistic depiction of themselves to be generated by the owner, licensee or operator's system. An implemented method to prevent the unauthorized creation of realistic depictions of a covered person shall be considered reasonable when the owner, licensee or operator of the covered system has implemented a method that, in relation to the method of user inputs used by the covered system, is consistent with industry standards, not overly burdensome on the system, cost-effective to implement and maintain and is up to date.

3. The owner, licensee or operator of a covered system shall implement a reasonable method for covered persons to send notice to them under this section provided that such method is easy to access, understand, complete and send and that such method provides clear updates to the sender on the status of their request in a timely manner. The owner, licensee or operator of a covered system may request a reasonable means of identification to process such requests.

4. Nothing in this section shall prohibit the owner, licensee or operator of a covered system from implementing reasonable safeguards to permit the covered person, their agent, employee or representative to use such covered system to generate realistic depictions of such covered person, provided however that such owner, licensee or operator of such covered system shall be liable in the same manner as if they had violated subdivision two of this section where such safeguards are not reasonable. A safeguard is considered reasonable for purposes of this subdivision where the owner, licensee or operator of a covered system implements measures that are consistent with industry standards, not overly burdensome on the system, cost-effective to implement and maintain and are up to date.