HB5594 - NO FAKES Act Summary

• Creates civil liability for producing, publishing, distributing, or transmitting unauthorized digital replicas (computer-generated representations nearly indistinguishable from an actual person's image, voice, or visual likeness used in sound recordings or audiovisual works where the person did not actually perform).

• Establishes an exclusive property right for individuals to authorize use of their digital replicas, with the right remaining valid for 70 years after death and transferable to heirs, executors, and assigns.

• Allows civil actions by the individual whose likeness is used, rights holders with exclusive licenses, or exclusive personal services contractors of sound recording artists, with claims must be filed within 3 years of discovery.

• Requires defendants to pay the greater of $5,000 per violation or actual damages, plus punitive damages for willful violations involving malice/fraud/oppression, and reasonable attorney's fees to the prevailing party.

• Exempts uses in news broadcasts, documentaries, historical/biographical works, comment, criticism, satire, parody, and de minimis uses from liability; disclaimers and non-participation in creation are not valid defenses.