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Bill > SB1025


MD SB1025

MD SB1025
Commercial Law - Voice and Visual Likeness - Digital Replication Rights (Nurture Originals, Foster Art, and Keep Entertainment Safe Act - NO FAKES Act)


summary

Introduced
02/17/2025
In Committee
02/21/2025
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 comprehensive rights for individuals regarding their digital replicas, which are computer-generated, highly realistic electronic representations of a person's voice or visual likeness. The legislation creates a legal framework that allows individuals (or their right holders) to authorize the use of their digital likeness, with protections that extend beyond an individual's lifetime. Specifically, the bill defines a digital replica as a newly created electronic representation that is identifiable as a specific person, but was not actually performed by that person or has been materially altered. The rights to a digital replica are considered a property right that is not assignable during the individual's lifetime but can be licensed. After an individual's death, these rights can be transferred to heirs or representatives and last for 10 years, with the potential for a 5-year extension if there is active and authorized public use. Online services are provided liability protections if they follow specific notification and removal procedures, and individuals or entities creating unauthorized digital replicas can face significant financial penalties, including up to $25,000 per unauthorized work for non-online service entities. The bill aims to protect individuals' rights in the era of advanced digital technology and artificial intelligence, ensuring that people's likenesses cannot be exploited without consent, while also providing some flexibility for certain uses like news reporting, documentaries, and artistic expression.

Committee Categories

Budget and Finance

Sponsors (1)

Last Action

Senate Finance Hearing (13:00:00 3/11/2025 ) (on 03/11/2025)

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