Georgia CommonsHouse · Introduced · 2025-2026 Regular Session
HB 566: NO FAKES Act of 2025; enact
Last action February 25, 2026 · House Committee Favorably Reported By Substitute
A Georgia House bill would create a new state-level property right protecting people's voice and visual likeness from unauthorized AI-generated 'digital replicas,' with civil penalties for violators and special rules for online platforms, minors, and deceased individuals.
The summaries below were written by an AI model (claude-sonnet-5) from the text of the bill and are not part of it. Quote the text, not the summary. The stored text is the Comm Sub version, the latest the General Assembly's website lists.
In plain language
Georgia law currently has no specific statute addressing AI-generated 'digital replicas' that mimic a person's voice or appearance without permission. This bill, called the NO FAKES Act of 2026, would add a new article to Georgia's trade practices code creating a property right that lets individuals (or their heirs after death) control the use of their voice and visual likeness in realistic AI-generated media. The bill defines key terms like 'digital replica' and 'online service,' sets licensing rules (including special protections requiring court approval for minors), and creates a post-mortem right lasting at least ten years after death, renewable up to 70 years total. It establishes civil liability for unauthorized use, with damages ranging from $5,000 to $750,000 depending on the violator, exceptions for news, documentaries, satire, and parody, a notice-and-takedown process for online platforms, and a role for the Secretary of State in maintaining registries of post-mortem rights and platform contact agents. The law would apply only to conduct occurring after it takes effect.
What the bill does
- Creates a new property right letting individuals and their heirs control unauthorized AI-generated 'digital replicas' of their voice or visual likeness.
- Sets licensing rules requiring written, signed agreements, with stricter limits (5-year cap, court approval) for individuals under 18.
- Establishes a post-mortem right lasting at least 10 years after death, renewable in 5-year increments up to a maximum of 70 years, if active public use is shown.
- Creates civil penalties for unauthorized digital replicas ranging from $5,000 per work for individuals to $750,000 per work for online services acting in bad faith.
- Requires online services to designate an agent to receive takedown notices and register that agent with the Secretary of State, or be presumed not acting in good faith.
- Lists exceptions for news reporting, documentaries, commentary, criticism, satire, and parody, and lets courts award punitive damages and attorney's fees in cases of willful violations.
Who it affects
The bill affects performers, sound recording artists, actors, and any Georgian whose voice or likeness could be digitally replicated by AI. It also affects heirs of deceased people with commercially valuable likenesses, online platforms and social media services, AI tool developers, and news organizations and documentary producers relying on the bill's exceptions.
Why it matters
If enacted, Georgians (and public figures whose estates are managed here) would gain a legal tool to sue over AI deepfakes made without permission, and online platforms would face new takedown obligations and potential liability. The law would shape how AI voice and image tools can be built, marketed, and used in Georgia.
Key provisions
- Code Section 10-1-970 defines terms including 'digital replica,' 'online service,' 'right holder,' and 'digital fingerprint,' setting the scope of what counts as a protected replica.
- Code Section 10-1-971 establishes the right as a non-assignable-during-life but licensable property right that survives death for at least 10 years, extendable to 70 years total.
- Code Section 10-1-972 sets licensing conditions, capping license length at 10 years for adults and 5 years (or until age 18) for minors, requiring court approval for minors' licenses.
- Code Section 10-1-973 directs the Secretary of State to maintain a public directory of registered post-mortem digital replication rights and allows fees for registration.
- Code Section 10-1-975 defines prohibited activities (unauthorized digital replicas and tools primarily designed to create them), sets a notice-and-takedown process, and lists exceptions for news, documentaries, satire, and parody, except for sexually explicit content.
- Code Section 10-1-975(n) and (r) set damages: $25,000 per notice for false takedown claims, and $5,000 to $750,000 per work for unauthorized digital replicas depending on the type of violator.
- Code Section 10-1-976 allows right holders to request a subpoena from a state court clerk to identify anonymous online violators.
- Code Section 10-1-977 limits the law to conduct occurring after its effective date and clarifies it does not require online services to actively monitor for violations.
From the bill
“each individual or right holder shall have the right to authorize the use of the voice or visual likeness of such individual in: (1) A digital replica”
“It shall be unlawful to knowingly materially misrepresent that: (A) The material requested to be removed is an unauthorized digital replica”
“The amount of $25,000.00 per notification sent pursuant to subsection (m) of this Code section.”
Discussed in meetings (4)
The House and Senate meetings that took this bill up, from their machine transcripts. Each account was written by Georgia Commons with AI and is not part of the record; the video is what was said.
House Creative Arts & Entertainment Committee, February 18, 2026
From 0:11:18 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 566 would protect voices and likenesses from unauthorized digital replicas, with notice procedures and civil damages. The sponsor said revisions would align it with pending federal legislation and protect those who promptly remove content in good faith after notice. Members had different drafts, and revisions remained unfinished. A witness representing the Recording Industry Association of America, the Recording Academy and Georgia Music Partners supported the bill, saying unauthorized replicas threaten artists’ income. Asked about other states, the witness said Tennessee had passed a different version. The witness favored matching federal language to avoid inconsistent rules. Asked about overseas offenders, the sponsor said the bill would apply to acts in Georgia, not replication abroad. A member with performance experience asked about older scans and contracts. The sponsor said the bill would operate going forward and tentatively suggested continued use without consent would require new permission, leaving the treatment of existing agreements unclear. Another member asked whether individuals or only platforms could be liable. The sponsor said both could be liable, but good-faith removal after notice would avoid liability; failure to remove could lead to civil action. The witness said the focus was public use of replicas, not original AI-created work. The chair emphasized balancing protection with innovation and requested further work. No amendment was adopted and no vote was taken.
House Creative Arts & Entertainment Committee, February 25, 2026
From 0:29:22 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said the substitute protects voices and visual likenesses against unauthorized AI replicas and follows pending federal legislation with state-law adjustments. A member urged future work on artist compensation from AI-related settlements; the sponsor agreed. Asked about older recordings, the sponsor said unauthorized content remaining online after passage would be covered. Another member raised concerns about player-created video game characters; a bill adviser said parody is excluded. A TechNet witness supported the intent but warned about intermediary liability and conflicting state requirements, favoring a national framework. An Entertainment Software Association witness opposed the bill, warning that broad definitions could expose developers to claims over incidental character resemblances and complicate depictions of deceased people. Asked whether parody and historical-use exceptions resolved those concerns, the witness remained uncertain. A member questioned whether platforms must proactively monitor content. The sponsor said liability follows notification and failure to remove unauthorized content, and later identified express language saying providers need not monitor. A Recording Academy witness supported removal rights and liability for unauthorized replicas, saying deepfakes can harm artists and other individuals and that expression protections remain. The committee approved the substitute by voice vote, with no count stated.
House Rules Committee, March 2, 2026
From 0:29:48 · Watch on the General Assembly's Vimeo channel
Summary by Georgia Commons: The sponsor said HB 566 would protect people's voices and visual likenesses from unauthorized computer-generated recreations using generative artificial intelligence and other technologies. No questions or decision followed.
Status timeline
- House Committee Favorably Reported By Substitute (House)
- House Withdrawn, Recommitted (House)
- House Committee Favorably Reported By Substitute (House)
- House Second Readers (House)
- House First Readers (House)
- House Hopper (House)
Sponsors
- Soo Hong (R, HD-103)
- Todd Jones (R, HD-25)
- Kasey Carpenter (R, HD-4)
- Spencer Frye (D, HD-122)
- Stan Gunter (R, HD-8)
- Eric Bell (D, HD-75)
Topics
- artificial intelligence
- deepfakes
- likeness rights
- online platforms
- intellectual property