---
title: HB 1399. Georgia Likeness, Expression, Generative AI, and Commercial Yield (LEGACY) Act; enact
collection: bills
id: 2025-2026/hb1399
cite_as: HB 1399, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/hb1399
md_url: https://georgiacommons.org/bills/2025-2026/hb1399.md
text_url: https://georgiacommons.org/bills/2025-2026/hb1399/text
source_url: https://www.legis.ga.gov/legislation/73441
date: 2026-02-24
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 129
omitted_url: https://georgiacommons.org/bills/2025-2026/hb1399.md?full=1
bill_number: HB 1399
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: House
bill_type: bill
status_date: 2026-02-19
last_action: House Second Readers
sponsors:
- Carl Gilliard
- Long Tran
- Segun Adeyina
text_version: Introduced
has_text: true
legiscan_url: https://legiscan.com/GA/bill/HB1399/2025
upstream_id: 2120623
summaries_model: claude-sonnet-5
topic_tags:
- artificial intelligence
- deepfakes
- right of publicity
- privacy rights
- digital likeness
---
# HB 1399. Georgia Likeness, Expression, Generative AI, and Commercial Yield (LEGACY) Act; enact
## Text
House Bill 1399
By: Representatives Gilliard of the 162nd, Tran of the 80th, and Adeyina of the 110th
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling
and other trade practices, so as to enact the "Georgia Likeness, Expression, Generative AI,
and Commercial Yield (LEGACY) Act"; to provide for property rights in an individual's
likeness; to require consent for use of an individual's likeness; to provide for violations; to
provide for a private right of action; to provide for definitions; to provide for related matters;
to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and
for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
The General Assembly finds that:
(1) Georgia is a national leader in creative works, athletics, digital business, and emerging
technological industries;
(2) Georgia courts recognize an individual's right to control the commercial use of his or
her name, voice, likeness, and identity;
(3) Georgia lacks a comprehensive statutory framework addressing this right in the age of
artificial intelligence;
(4) Artificial intelligence can create realistic digital replicas without authorization,
including so-called "deepfakes" or synthetic media technologies that can realistically
imitate an individual's likeness, voice, or expression;
(5) Unauthorized use of an individual's likeness can cause economic harm, deception, and
loss of dignity;
(6) Currently there are no laws in effect that provide these protections in Georgia; and
(7) Unauthorized use of an individual's likeness may cause harms independent of
commercial exploitation, implicating long-standing principles of privacy recognized under
the laws of this state.
SECTION 2.
Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other
trade practices, is amended by adding a new article to read as follows:
"ARTICLE 38
10-1-970.
(a) This article shall be known and may be cited as the 'Georgia Likeness, Expression,
Generative AI, and Commercial Yield (LEGACY) Act.'
(b) The purpose of this article is to modernize and codify protections from unauthorized
uses of artificial intelligence while preserving freedom of expression and innovation.
10-1-971.
As used in this article, the term:
(1) 'Consent' means written assent in fact provided by an individual which affirmatively,
expressly, and specifically provides for the allowance, extent, purpose, and duration of
the use of the individual's likeness by another. Such term shall not include consent
implied by silence, agreement to general terms and conditions, or a prior agreement
which is unrelated to the individual's digital replica.
(2)(A) 'Digital replica' means a highly realistic electronic representation created or
altered, in whole or in part, either by generative artificial intelligence or other computer
system that is an exact copy, imitation, or close approximation of the likeness of an
individual and that is embedded in a sound recording, image, audiovisual work,
including an audiovisual work that does not have any accompanying sounds, or
transmission:
(i) In which the individual did not actually perform or appear; or
(ii) That is a version of a sound recording, image, audiovisual work, or transmission
in which the individual did actually perform or appear, but where the fundamental
character of the performance or appearance has been materially altered.
(B) Such term does not include the electronic reproduction of or use of a sample of one
sound recording or audiovisual work into another or the remixing, mastering, or digital
remastering of a sound recording or audiovisual work authorized by the copyright
holder.
(3) 'Generative artificial intelligence' means a computer based system that uses machine
learning and is intended to generate, with some degree of autonomy, synthetic content
and information, including, but not limited to, text, images, videos, audio, codes,
prompts, commands, instructions, directions, and other forms of content and information.
(4) 'Individual' means a natural person, living or deceased.
(5) 'Likeness' means the actual or simulated image, voice, signature, or other uniquely
identifying features of an individual, including the individual's face, mannerisms,
distinctive appearance, distinctive speech patterns, distinguishing physical characteristics,
including but not limited to visible marks and permanent body modifications, and other
unique characteristics of an individual that are readily identifiable as the individual
through visual or auditory means.
10-1-972.
(a) Every individual has a property right to his or her likeness.
(b) The property rights of an individual's likeness are transferable, licensable, and
descendible and shall survive the death of the individual for 50 years.
(c) Post-mortem use of an individual's likeness shall be permitted only where such
individual consented to such use during his or her life, consent is given by the estate of
such individual, or consent is given by a legal representative of such individual.
10-1-973.
(a) Creation, distribution, or exploitation of an individual's likeness in a digital replica for
commercial purposes requires consent from the individual for such use.
(b) Absence of compensation to an individual for the use of his or her likeness shall not
negate the requirements of consent under this article.
(c) No individual or entity shall claim ownership, authorship, or exclusive rights over an
individual's likeness solely by the use of an individual's likeness in a digital replica.
(d) After receiving notice that an individual did not consent for the use of a digital replica,
any entity that knowingly distributes or continues to make available such digital replica
shall be in violation of this article.
(e) A digital replica used for commercial purposes shall not falsely imply that an
individual personally endorsed or approved such use of his or her likeness.
(f) Liability under this article shall only depend on whether or not an individual consented
to the use of his or her likeness in a digital replica.
(g) An individual who is aggrieved by a violation of this article may bring an action to
recover or obtain against a violator any of the following:
(1) Actual damages;
(2) Equitable relief, including, but not limited to, an injunction or restitution of money
and property;
(3) Punitive damages;
(4) Reasonable attorney's fees and costs; and
(5) Any other relief which the court deems proper.
(h) Courts may grant injunctive relief to an individual aggrieved by a violation of this
article."
SECTION 3.
This Act shall become effective on July 1, 2026.
SECTION 4.
All laws and parts of laws in conflict with this Act are repealed.
## Summaries written by Georgia Commons
The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.
House Bill 1399 would create a new Georgia law giving people a property right in their own likeness, requiring consent before AI-generated digital replicas of their face, voice, or image are used commercially.
### Plain-language summary
Georgia currently has no comprehensive statute addressing unauthorized AI-generated copies of a person's likeness, sometimes called deepfakes. This bill would add a new article to Georgia's trade practices law (O.C.G.A. Title 10, Chapter 1) called the Georgia Likeness, Expression, Generative AI, and Commercial Yield (LEGACY) Act.
The bill declares that every individual owns a property right to their own likeness, including their face, voice, mannerisms, and distinctive physical features. That right can be transferred, licensed, or inherited, and lasts 50 years after death. Creating or distributing a 'digital replica,' a realistic AI-made or altered copy of someone's likeness, for commercial purposes would require the person's specific written consent, even if the person is not paid. Anyone who keeps distributing a replica after being told the person did not consent would be violating the law. People harmed by violations could sue for actual damages, punitive damages, injunctions, and attorney's fees. The law would take effect July 1, 2026.
### What it does
- Creates a property right for every individual in their own likeness, including image, voice, signature, and distinctive physical features.
- Requires specific written consent before a person's likeness can be used in a commercial AI-generated 'digital replica,' regardless of whether they are paid.
- Makes the property right transferable, licensable, and inheritable, lasting 50 years after the individual's death, with post-mortem use requiring consent from the person, their estate, or a legal representative.
- Prohibits anyone from claiming ownership or authorship rights over a person's likeness just because they used it in a digital replica.
- Makes it a violation to keep distributing a digital replica after receiving notice that the person did not consent to its use.
- Creates a private right of action letting harmed individuals sue for actual damages, punitive damages, injunctive relief, and attorney's fees and costs.
### Who it affects
Georgia residents whose faces, voices, or other identifying features could be copied by AI; companies and individuals that create or distribute AI-generated content, including entertainment, advertising, and tech businesses; performers and public figures whose likenesses are commercially valuable; and estates and legal representatives handling a deceased person's likeness rights.
### Why it matters
Georgians would gain a legal tool to stop or seek compensation for unauthorized AI deepfakes of their face or voice used for commercial purposes, even without proof of payment or endorsement. Businesses using AI-generated likenesses would need documented consent or face lawsuits, injunctions, and potential punitive damages.
### Key provisions
- Section 1 lays out legislative findings that Georgia lacks statutory protection against unauthorized AI-generated likenesses and that such use can cause economic and dignity harms.
- Section 2 adds new Code Section 10-1-970 stating the law's name and purpose: balancing protection from unauthorized AI use with freedom of expression and innovation.
- Code Section 10-1-971 defines key terms including 'consent' (requiring specific written assent, not implied by silence or general terms), 'digital replica,' 'generative artificial intelligence,' and 'likeness.'
- Code Section 10-1-972 establishes the property right in likeness, makes it transferable and inheritable, and limits it to 50 years after death with consent requirements for post-mortem use.
- Code Section 10-1-973 requires consent for commercial digital replicas, bars false implication of endorsement, and lists remedies including actual damages, punitive damages, equitable relief, and attorney's fees.
- Section 3 sets the effective date as July 1, 2026.
- Section 4 repeals any conflicting Georgia laws.
## Status
- Status: Introduced (2026-02-19)
- Last action: House Second Readers (2026-02-24)
- Sponsors: Carl Gilliard, Long Tran, Segun Adeyina
- Official page: https://www.legis.ga.gov/legislation/73441
> The history, votes, and amendments (129 characters) are at https://georgiacommons.org/bills/2025-2026/hb1399.md?full=1