Am. H.B. No. 367 Summary

• Prohibits unauthorized use of an individual's "persona" (name, voice, signature, photograph, image, likeness) for commercial purposes without written consent, with protections extending 60 years after death or 10 years for deceased military members.

• Creates new "malicious deepfake recording" offenses prohibiting creation, distribution, and exchange of altered audio/video falsely depicting real speech or conduct without consent, with exceptions for parody/fiction with disclaimers and non-political content clearly marked as inauthentic.

• Establishes civil liability for deepfake violations with statutory damages of $2,500-$10,000, actual damages, punitive damages, and injunctive relief; allows good-faith purchasers of deepfakes to sue for treble damages or $250 in statutory damages.

• Permits additional statutory damages ($2,500-$15,000) if deepfake violation includes extortion under Ohio's existing extortion law, and allows courts to order destruction of deepfakes and award attorney's fees.

• Exempts news, public affairs, sports broadcasts, political campaigns, literary/dramatic works, fine art, First Amendment-protected speech, and certain educational uses by institutions of higher education.