HB1399: HB1399 Georgia Likeness, Expression, Generative AI, and Commercial Yield (LEGACY) Act; enact

26 LC 64 0064 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 selling1 and other trade practices, so as to enact the "Georgia Likeness, Expression, Generative AI,2 and Commercial Yield (LEGACY) Act"; to provide for property rig hts in an individual's3 likeness; to require consent for use of an individual's likeness; to provide for violations; to4 provide for a private right of action; to provide for definitions; to provide for related matters;5 to provide for legislative findings; to provide an effective date; to repeal conflicting laws; and6 for other purposes.7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:8 SECTION 1.9 The General Assembly finds that:10 (1) Georgia is a national leader in creative works, athletics, digital business, and emerging11 technological industries;12 (2) Georgia courts recognize an individual's right to control the commercial use of his or13 her name, voice, likeness, and identity;14 (3) Georgia lacks a comprehensive statutory framework addressing this right in the age of15 artificial intelligence;16 H. B. 1399 - 1 - 26 LC 64 0064 (4) Artificial intelligence can create realistic digital repli cas without authorization,17 including so-called "deepfakes" or synthetic media technologies that can realistically18 imitate an individual's likeness, voice, or expression;19 (5) Unauthorized use of an individual's likeness can cause economic harm, deception, and20 loss of dignity;21 (6) Currently there are no laws in effect that provide these protections in Georgia; and22 (7) Unauthorized use of an i ndividual's lik eness may cause harm s independent of23 commercial exploitation, implicating long-standing principles of privacy recognized under24 the laws of this state.25 SECTION 2.26 Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other27 trade practices, is amended by adding a new article to read as follows:28 "ARTICLE 3829 10-1-970.30 (a) This article shall be known and may be cited as the 'Georg ia Likeness, Expression,31 Generative AI, and Commercial Yield (LEGACY) Act.'32 (b) The purpose of this article is to modernize and codify protections from unauthorized33 uses of artificial intelligence while preserving freedom of expression and innovation.34 10-1-971.35 As used in this article, the term:36 (1) 'Consent' means written assent in fact provided by an individual which affirmatively,37 expressly, and specifically provides for the allowance, extent, purpose, and duration of38 the use of the individual's likeness by another. Such term sha ll not include consent39 H. B. 1399 - 2 - 26 LC 64 0064 implied by silence, agreement to general terms and conditions, or a prior agreement40 which is unrelated to the individual's digital replica.41 (2)(A) 'Digital replica' means a highly realistic electronic r epresentation created or42 altered, in whole or in part, either by generative artificial intelligence or other computer43 system that is an exact copy, imitation, or close approximation of the likeness of an44 individual and that is embedded in a sound recording, image, au diovisual work,45 including an audiovisual work that does not have any accompanyi ng sounds, or46 transmission:47 (i) In which the individual did not actually perform or appear; or48 (ii) That is a version of a sound recording, image, audiovisual work, or transmission49 in which the individual did actually perform or appear, but whe re the fundamental50 character of the performance or appearance has been materially altered.51 (B) Such term does not include the electronic reproduction of or use of a sample of one52 sound recording or audiovisual work into another or the remixing, mastering, or digital53 remastering of a sound recording or audiovisual work authorized by the copyright54 holder.55 (3) 'Generative artificial intelligence' means a computer based system that uses machine56 learning and is intended to generate, with some degree of auton omy, synthetic content57 and information, including, but not limited to, text, images, v ideos, audio, codes,58 prompts, commands, instructions, directions, and other forms of content and information.59 (4) 'Individual' means a natural person, living or deceased.60 (5) 'Likeness' means the actual or simulated image, voice, signature, or other uniquely61 identifying features of an individual, including the individual 's face, mannerisms,62 distinctive appearance, distinctive speech patterns, distinguishing physical characteristics,63 including but not limited to visible marks and permanent body modifications, and other64 unique characteristics of an individual that are readily identi fiable as the individual65 through visual or auditory means.66 H. B. 1399 - 3 - 26 LC 64 0064 10-1-972.67 (a) Every individual has a property right to his or her likeness.68 (b) The property rights of an individual's likeness are transf erable, licensable, and69 descendible and shall survive the death of the individual for 50 years.70 (c) Post-mortem use of an individual's likeness shall be permi tted only where such71 individual consented to such use during his or her life, consen t is given by the estate of72 such individual, or consent is given by a legal representative of such individual.73 10-1-973.74 (a) Creation, distribution, or exploitation of an individual's likeness in a digital replica for75 commercial purposes requires consent from the individual for such use.76 (b) Absence of compensation to an individual for the use of his or her likeness shall not77 negate the requirements of consent under this article.78 (c) No individual or entity shall claim ownership, authorship, or exclusive rights over an79 individual's likeness solely by the use of an individual's likeness in a digital replica.80 (d) After receiving notice that an individual did not consent for the use of a digital replica,81 any entity that knowingly distributes or continues to make avai lable such digital replica82 shall be in violation of this article.83 (e) A digital replica used for commercial purposes shall not f alsely imply that an84 individual personally endorsed or approved such use of his or her likeness.85 (f) Liability under this article shall only depend on whether or not an individual consented86 to the use of his or her likeness in a digital replica.87 (g) An individual who is aggrieved by a violation of this arti cle may bring an action to88 recover or obtain against a violator any of the following:89 (1) Actual damages;90 (2) Equitable relief, including, but not limited to, an injunction or restitution of money91 and property;92 H. B. 1399 - 4 - 26 LC 64 0064 (3) Punitive damages;93 (4) Reasonable attorney's fees and costs; and94 (5) Any other relief which the court deems proper.95 (h) Courts may grant injunctive relief to an individual aggrie ved by a violation of this96 article."97 SECTION 3.98 This Act shall become effective on July 1, 2026.99 SECTION 4.100 All laws and parts of laws in conflict with this Act are repealed.101 H. B. 1399 - 5 -