The bill establishes property rights for individuals concerning the use of their name, voice, and likeness, ensuring these rights are exclusive, transferable, and descendible. It stipulates that these rights do not expire upon an individual's death and can be exercised by heirs or executors for a period of 10 years, unless the individual's likeness continues to be commercially used. Unauthorized use of an individual's name, voice, or likeness can result in significant penalties, including damages of $50,000 for each violation related to digital voice replicas and $5,000 for other unauthorized uses. The bill also outlines the burden of proof for establishing damages and allows for punitive damages and attorney fees.
Additionally, the bill provides specific definitions for terms such as "digital depiction," "digital voice replica," and "individual," and clarifies that certain uses may be exempt under the First Amendment, including news reporting and artistic expressions. It sets a four-year statute of limitations for civil actions related to violations of these rights. The new legal language introduced in this bill aims to enhance the protection of individuals' rights in the digital age, reflecting the growing concerns over unauthorized use of personal likenesses and voices.