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GA SB354

GA SB354
Torts; cause of action for appropriating an individual's indicia of identity; provide


summary

Introduced
03/21/2025
In Committee
03/25/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Regular Session

Bill Summary

AN ACT To amend Title 51 of the Official Code of Georgia Annotated, relating to torts, so as to provide for a cause of action for appropriating an individual's indicia of identity; to provide for a right to protection against the appropriation of an individual's indicia of identity; to provide for assignment or licensing of such right; to provide for damages; to provide for other remedies; to provide for exceptions; to provide for definitions; to provide for statutory construction; to provide for related matters; to repeal conflicting laws; and for other purposes.

AI Summary

This bill amends Georgia's tort law by creating a new legal framework to protect individuals' "indicia of identity" - which includes a person's image, likeness, voice, signature, and other unique identifying features like face, mannerisms, tattoos, and distinctive speech patterns. The bill establishes that individuals have the right to prevent unauthorized use of their identifying characteristics, with special provisions for minors and deceased individuals. People can be held liable for civil damages if they use someone's identity without consent for purposes like advertising, fundraising, selling identity information, or integrating identity into machine learning. Individuals can sue and recover at least $1,000 or actual damages, plus any profits from the unauthorized use. The law includes important exceptions for First Amendment protected activities like satire, journalism, and artistic expression, and does not impose liability on media owners who unknowingly publish unauthorized uses. The bill provides protections for both private individuals and public figures, with slightly different rules for how long identity rights persist after death, and explicitly excludes mere name usage from its scope. The legislation aims to give individuals more control over the commercial and unauthorized use of their personal identifying characteristics.

Committee Categories

Justice

Sponsors (1)

Last Action

Senate Read and Referred (on 03/25/2025)

bill text


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