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 "postmortem right," and asserts that the right to an individual's voice or likeness is a property right that can be licensed. This right does not expire upon the individual's death and can be transferred under specific conditions. The act also outlines the requirements for licensing agreements, particularly for adults and minors, and mandates that postmortem rights must be registered with the secretary of state to be enforceable.
Additionally, the act prescribes civil remedies for unauthorized use of digital replicas, including potential damages and the ability for individuals or right holders to bring civil actions within three years of discovering a violation. It specifies that online services can avoid liability if they promptly remove or disable access to alleged unauthorized replicas upon notification. The act also includes provisions for punitive damages in cases of willful infringement and establishes a cap on damages for online services under certain conditions. The law is set to take effect on July 1, 2026.