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MD SB1025
Bill
Status
2/17/2025
Primary Sponsor
Johnny Mautz
Click for details
AI Summary
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Establishes a property right for individuals to authorize use of their voice or visual likeness in AI-generated digital replicas, with the right surviving death for 10 years initially and renewable in 5-year increments up to 70 years after death
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Requires written license agreements with reasonably specific descriptions of intended uses; limits licenses for living individuals to 10 years maximum and licenses involving minors to 5 years (terminating at age 18)
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Creates civil liability for producing or distributing unauthorized digital replicas, with damages of $5,000-$25,000 per work or actual damages plus profits, and mandatory attorney's fees for prevailing plaintiffs
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Exempts uses in bona fide news, documentaries, commentary, criticism, satire, parody, and fleeting/negligible uses, but provides no exemption for sexually explicit deepfakes
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Requires online services to designate agents to receive takedown notifications and remove unauthorized content as soon as technically feasible to qualify for liability protections; Secretary of State must maintain public directories of designated agents and registered postmortem rights
Legislative Description
Commercial Law - Voice and Visual Likeness - Digital Replication Rights (Nurture Originals, Foster Art, and Keep Entertainment Safe Act - NO FAKES Act)
Rules and Regulations
Last Action
Hearing 3/11 at 1:00 p.m.
3/4/2025