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MD HB1407

MD HB1407
Commercial Law - Voice and Visual Likeness - Digital Replication Rights (Nurture Originals, Foster Art, and Keep Entertainment Safe Act - NO FAKES Act)


summary

Introduced
02/07/2025
In Committee
02/07/2025
Crossed Over
Passed
Dead
04/08/2025

Introduced Session

2025 Regular Session

Bill Summary

Establishing that each individual and a certain right holder have the right to authorize the use of the voice or visual likeness of the individual in a digital replica; providing that the right does not expire on the death of the individual and is transferable or licensable in a certain manner; providing that the right terminates after a certain period of time; requiring an online service to designate an agent for certain purposes; requiring the Secretary of State to maintain and make available certain information; etc.

AI Summary

This bill establishes a comprehensive legal framework for protecting an individual's digital likeness and voice rights, known as the NO FAKES (Nurture Originals, Foster Art, and Keep Entertainment Safe) Act. The legislation creates a property right for individuals to control the use of their digital replicas - computer-generated representations that realistically capture their voice or visual likeness. Key provisions include: individuals and their designated right holders can authorize digital replica use, with rights lasting 10 years after death and potentially renewable for an additional 5-year period if the likeness is actively used; licensing agreements must be written and specific, with special protections for minors; online services must designate agents to handle digital replica complaints and can avoid liability by promptly removing unauthorized replicas; and individuals or entities using unauthorized digital replicas can face significant financial penalties, including up to $25,000 per unauthorized work for non-online service entities. The bill includes exceptions for news reporting, documentaries, commentary, criticism, and other First Amendment-protected uses, while specifically prohibiting sexually explicit digital replicas. The law will take effect on October 1, 2025, and applies to individuals who die before or after the effective date, though it does not retroactively establish liability for prior conduct.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

House Economic Matters Hearing (13:00:00 3/4/2025 ) (on 03/04/2025)

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