The bill revises existing laws concerning the rights of individuals regarding their name, voice, and visual likeness. It establishes that individuals have property rights in these aspects if they are residents or domiciled in Montana at the time of their death. The rights are transferable, licensable, and descendible for 20 years after the individual's death, unless legal action is taken to transfer or license the rights. The bill also introduces penalties for unauthorized use of an individual's name, voice, or visual likeness, with specific provisions for digital representations.
Key insertions in the bill include the definition of "visual likeness" and "digital visual depiction," which clarify the nature of unauthorized digital representations. The bill specifies that individuals can seek damages for violations, with penalties set at $50,000 for certain unauthorized uses. Additionally, it outlines defenses against liability and establishes that the act will take effect on January 1, 2026. Overall, the legislation aims to enhance the protection of individuals' rights over their personal attributes in the digital age.