The proposed "Voice and Visual Likeness Rights Act" establishes new legal protections for individuals regarding the use of their voice and visual likeness in digital replicas. It defines key terms such as "digital replica," "right holder," and "production," and asserts that the right to an individual's voice or likeness is a property right that can be licensed and may survive the individual's death. The act stipulates that licenses for adults and emancipated minors cannot exceed ten years, while those for living minors are limited to five years and terminate upon reaching adulthood. Additionally, it requires the registration of postmortem rights with the secretary of state and outlines the conditions under which digital replicas can be used without consent.
The act also prescribes civil remedies for unauthorized use of digital replicas, allowing individuals and right holders to bring civil actions against violators. It specifies that liability arises when a person knowingly uses a digital replica without consent, with various defenses and exclusions outlined for specific circumstances, such as news reporting or artistic commentary. The act establishes penalties for violations, including statutory damages and the possibility of punitive damages in cases of willful misconduct. The provisions of the act are set to take effect on July 1, 2025.