Bill > HB566

This bill, known as the "NO FAKES Act of 2026," establishes new protections for individuals' voices and visual likenesses, particularly in the context of digital replicas, which are realistic, computer-generated representations of a person's voice or image that were not actually performed or appeared in by the individual, or where their original performance has been significantly altered. The Act grants individuals and their designated "right holders" (those who inherit or acquire rights to an individual's likeness) the exclusive right to authorize the use of their voice or visual likeness in digital replicas, with this right being a property right that can be licensed but not assigned during the individual's lifetime. Importantly, these rights extend beyond an individual's death, becoming transferable and licensable by their heirs, and can last for up to 70 years after their passing, with specific provisions for renewal if the likeness is actively used. The bill outlines requirements for licensing, especially for minors, mandating court approval for licenses involving individuals under 18 and limiting their duration. It also details how post-mortem rights can be registered with the Secretary of State, who will maintain a public directory. The Act prohibits the unauthorized publication, distribution, or making available of digital replicas, and also targets products or services primarily designed to create unauthorized digital replicas, requiring "actual knowledge" of a violation for liability, particularly for online service providers who must have a designated agent to receive notifications of claimed violations. There are exceptions for uses in news, public affairs, documentaries, commentary, criticism, scholarship, satire, or parody, unless they create a false impression of authenticity or depict sexually explicit conduct. The bill also establishes civil liability for violations, with penalties and attorney's fees, and provides a mechanism for obtaining subpoenas to identify alleged violators.

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https://www.legis.ga.gov/legislation/70646