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TX HB3950
Bill
Status
3/6/2025
Primary Sponsor
Todd Hunter
Click for details
AI Summary
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Establishes digital replication rights as a property right, giving individuals exclusive control over the use of their voice or visual likeness in AI-generated or computer-generated "digital replicas" that simulate their appearance or voice in recordings, images, or audiovisual works
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Prohibits producing, publishing, or distributing digital replicas without written consent from the right holder, with exceptions for news broadcasts, documentaries, commentary, criticism, satire, parody, and fleeting uses
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Requires license agreements for digital replication rights to be in writing, signed, and limited to 10 years (5 years for minors), with additional court approval required for minors
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Creates postmortem digital replication rights lasting 10 years after death, renewable in 5-year increments (up to 70 years total) if the right holder demonstrates active public use and registers with the Secretary of State
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Authorizes private causes of action with statutory damages of $5,000 per work for individuals, $25,000 per work for non-online service provider entities, and up to $5,000 per violation for online service providers, plus actual damages, profits, punitive damages for willful violations, and mandatory attorney's fees for prevailing plaintiffs
Legislative Description
Relating to digital replication rights in the voice and visual likeness of individuals; providing private causes of action; authorizing a fee.
Business & Commerce
Last Action
Referred to Judiciary & Civil Jurisprudence
3/27/2025