SB354: SB354 Torts; cause of action for appropriating an individual's indicia of identity; provide

Georgia law does not currently have a dedicated statute letting people sue over unauthorized commercial use of their likeness, voice, or other identifying traits. This bill would add a new chapter to Title 51 of Georgia's tort law (O.C.G.A. Title 51) creating that right. It defines 'indicia of identity' broadly to include a person's image, voice, signature, mannerisms, tattoos, and distinctive speech patterns, but excludes a bare name. The bill lets people sue anyone who uses their indicia of identity for advertising, fundraising, sales, or to train machine learning systems without consent, or who builds tools designed to reproduce a specific person's voice or likeness without authorization. It sets damages at the greater of $1,000 or actual losses, plus any profits made from the unauthorized use, and allows courts to issue injunctions. The right extends to heirs for at least ten years after death, with different rules for public figures and for sexual uses. It exempts First Amendment activity like satire, parody, and journalism, and shields ad-medium owners and internet service providers who lacked knowledge of a violation.

• Creates a new civil cause of action in Georgia law letting individuals sue anyone who commercially uses their image, voice, signature, or other identifying features without consent.
• Extends the same protection to a deceased person's estate, heirs, or assignees for at least ten years after death, with special rules for public figures and sexual uses.
• Covers use of a person's likeness or voice to train machine learning systems or to build tools designed to reproduce a specific person's voice or face without authorization.
• Sets damages at the greater of $1,000 or actual losses, plus any profits the violator made, and allows courts to issue injunctions to stop ongoing violations.
• Exempts satire, parody, journalism, and other First Amendment protected activity, and shields ad-medium owners and internet service providers who did not know about the violation.

The bill affects any Georgia resident whose image, voice, or likeness could be used commercially, including celebrities, private individuals, and deceased people's heirs. It also affects advertisers, marketers, technology companies that build voice or image generation tools, news organizations, and internet service providers.

If enacted, Georgians could sue companies or individuals who use their face, voice, or other identifying traits in ads or to train artificial intelligence tools without permission, potentially recovering money damages or stopping the use through a court order. This could affect how AI developers and advertisers use people's likenesses in Georgia.

• Section 1 adds Chapter 17 to Title 51, defining 'appropriation,' 'indicia of identity,' 'likeness,' and 'voice' in new Code Section 51-17-1.
• New Code Section 51-17-2 establishes every individual's right to protection against unauthorized appropriation of their identity, requiring consent from the person, a minor's guardian, or a deceased person's estate.
• New Code Section 51-17-3 makes the right exclusive for at least ten years after death, with public figures' rights lapsing after two more years of commercial nonuse, except sexual use rights end at death.
• New Code Section 51-17-4 defines liability for using someone's identity in advertising, for machine learning training, or through tools built to reproduce a specific person's voice or likeness without authorization.
• New Code Section 51-17-5 sets damages at the greater of $1,000 or actual losses plus profits, and allows courts to grant injunctions.
• New Code Section 51-17-6 clarifies that commercial sponsorship alone does not create liability and that documenting someone in public places without a privacy expectation is not covered.
• New Code Section 51-17-7 exempts First Amendment activities like satire and journalism, protects ad-medium owners lacking knowledge of violations, and states the chapter does not impose duties on interactive computer service providers.
• Section 2 repeals all conflicting laws.

1. 2025-03-25Senate Read and Referred (Senate)
2. 2025-03-21Senate Hopper (Senate)

• Sally Harrell (D, SD-040)Primary sponsor

• right of publicity
• likeness rights
• artificial intelligence regulation
• privacy law
• civil lawsuits