Bill > HB3950

This bill establishes a comprehensive legal framework for digital replication rights in Texas, focusing on protecting individuals' voice and visual likeness in digital representations. The legislation defines a "digital replica" as a computer-generated, highly realistic electronic representation of an individual that can be created without their direct performance, and establishes that individuals (or their right holders) have the exclusive right to authorize the use of their digital likeness. The bill creates a property right for digital replication that is licensable but not assignable during the individual's lifetime, and extends for 10 years after death, with potential 5-year renewals if there is active and authorized public use. The law provides specific provisions for obtaining consent, outlines permitted uses (such as news broadcasts, documentaries, and commentary), and establishes a mechanism for online service providers to handle potential unauthorized digital replicas. Individuals or their representatives can bring legal actions against unauthorized use, with potential damages ranging from $5,000 to $25,000 per violation, depending on the type of entity involved. The bill also requires the secretary of state to maintain a directory of postmortem digital replication rights and includes provisions to protect minors and sound recording artists. The legislation will take effect on September 1, 2025, and aims to provide clear legal guidelines for the use of digital replicas in an increasingly AI-driven technological landscape.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3950