H.B. No. 3950 introduces Title 14A to the Business & Commerce Code, focusing on digital replication rights related to individuals' voices and visual likenesses. The bill defines key terms such as "digital replica" and "eligible plaintiff," and establishes that these rights are property rights that can be licensed but not assigned during an individual's lifetime. Notably, it ensures that digital replication rights do not expire upon an individual's death, allowing heirs or executors to transfer and license these rights. The bill also outlines regulations for unauthorized use of digital replicas, permitting certain exceptions for uses like news broadcasts and educational purposes, while providing a framework for legal recourse against unauthorized use.
Additionally, the bill mandates online service providers to designate agents for reporting violations related to unauthorized digital replicas and requires them to publicly display the agent's contact information. It specifies the process for submitting notifications of unauthorized use and outlines the responsibilities of online service providers upon receiving such notifications. The legislation establishes penalties for false notices and clarifies the conditions under which individuals may be held liable for unauthorized use. Furthermore, it introduces provisions to Chapter 651, allowing parties to restore removed online material without incurring liability, and stipulates that existing contracts will take precedence in case of conflicts with the new provisions. The effective date for these changes is set for September 1, 2025.
Statutes affected: Introduced: ()