HB1603: HB1603 Georgia Entertainment Artificial Intelligence Accountability and Performer Protection Act; enact

26 LC 64 0114 House Bill 1603 By: Representative Neal of the 79th 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 Entertai nment Artificial Intelligence2 Accountability and Performer Protection Act"; to require consen t for use of a performer's3 likeness in a digital replica; to provide for violations; to provide for a private right of action;4 to provide for definitions; to provide for related matters; to provide for legislative findings;5 to provide an effective date; to repeal conflicting laws; and for other purposes.6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7 SECTION 1.8 This Act shall be known and may be cited as the "Georgia Entert ainment Artificial9 Intelligence Accountability and Performer Protection Act."10 SECTION 2.11 The General Assembly finds that:12 (1) The State of Georgia is a leader in film, television, and digital media production,13 supporting thousands of jobs for performers and creative professionals;14 H. B. 1603 - 1 - 26 LC 64 0114 (2) Use of artificial intelligence systems is rapidly expanding across commerce platforms,15 government agencies, and entertainment;16 (3) Emerging artificial intelligence systems are capable of re plicating human likeness,17 including image, voice, and performance, without the participat ion or consent of the18 individual;19 (4) Unauthorized use of such systems poses significant risks to the economic livelihood,20 intellectual property, and personal dignity of performers and other members of the film and21 entertainment community;22 (5) Digital replicas are increasingly used in scams, political misinformation, identity theft,23 and unauthorized commercial exploitation;24 (6) Consumers and citizens of this state, including performers, are entitled to transparency25 and protection from harmful or deceptive uses of artificial intelligence; and26 (7) It is in the interest of this state to establish clear standards that protect individuals and27 preserve Georgia's leadership in the film and entertainment ind ustry while promoting28 responsible innovation.29 SECTION 3.30 Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other31 trade practices, is amended by adding a new article to read as follows:32 "ARTICLE 3833 10-1-970.34 As used in this article, the term:35 (1) 'Artificial intelligence system' means an engineered or ma chine based system that36 emulates the capability of a person to receive audio, visual, t ext, or any other form of37 information and use the information received to emulate a human cognitive process,38 H. B. 1603 - 2 - 26 LC 64 0114 including, but not limited to, learning, generalizing, reasonin g, planning, predicting,39 acting, or communicating; provided, however, that artificial in telligence systems may40 vary in the forms of information they can receive and in the human cognitive processes41 they can emulate.42 (2) 'Consent' means written assent in fact provided by an individual which affirmatively,43 expressly, and specifically provides for the allowance, extent, purpose, and duration of44 the use of the individual's likeness by another. Such term sha ll not include consent45 implied by silence, agreement to general terms and conditions, or a prior agreement46 which is unrelated to the individual's digital replica.47 (3)(A) 'Digital replica' means a highly realistic electronic r epresentation created or48 altered, in whole or in part, either by generative artificial intelligence or other computer49 system that is an exact copy, imitation, or close approximation of the likeness of an50 individual and that is embedded in a sound recording, image, au diovisual work,51 including an audiovisual work that does not have any accompanyi ng sounds, or52 transmission:53 (i) In which the individual did not actually perform or appear; or54 (ii) That is a version of a sound recording, image, audiovisual work, or transmission55 in which the individual did actually perform or appear, but whe re the fundamental56 character of the performance or appearance has been materially altered.57 (B) Such term does not include the electronic reproduction of or use of a sample of one58 sound recording or audiovisual work into another or the remixing, mastering, or digital59 remastering of a sound recording or audiovisual work authorized by the copyright60 holder.61 (4) 'Generative artificial intelligence' means a computer based system that uses machine62 learning and is intended to generate, with some degree of auton omy, synthetic content63 and information, including, but not limited to, text, images, v ideos, audio, codes,64 prompts, commands, instructions, directions, and other forms of content and information.65 H. B. 1603 - 3 - 26 LC 64 0114 (5) 'Individual' means a natural person.66 (6) 'Likeness' means the actual or simulated image, voice, signature, or other uniquely67 identifying features of an individual, including the individual 's face, mannerisms,68 distinctive appearance, distinctive speech patterns, distinguishing physical characteristics,69 including but not limited to visible marks and permanent body modifications, and other70 unique characteristics of an individual that are readily identi fiable as the individual71 through visual or auditory means.72 (7) 'Performer' means any individual, including, but not limit ed to, an actor, actress,73 voice actor, stunt performer, model, or other creative professional whose likeness is used74 in film, television, streaming, advertisements, gaming, or other media.75 (8) 'Production company' means a company, other than a qualifi ed interactive76 entertainment production company, primarily engaged in qualified production activities77 which have been approved by the Department of Economic Development.78 10-1-971.79 (a) Any individual or production company that engages in an ac tivity prohibited in80 subsection (b) of this Code section shall be liable in a civil action brought under this Code81 section.82 (b) The following activities shall be prohibited pursuant to this article:83 (1) The publication, display, distribution, transmission, or c ommunication of, or84 otherwise making available to the public a digital replica of a performer without his or85 her consent; or86 (2) Distributing, importing, transmitting, or otherwise making available to the public a87 product or service that:88 (A) Is primarily designed to produce one or more digital repli cas of a specifically89 identified performer or performers without the consent of such performer or performers;90 and91 H. B. 1603 - 4 - 26 LC 64 0114 (B) Has only limited commercially significant purpose or use other than to produce a92 digital replica of a specifically identified performer or performers without the consent93 of such performer or performers.94 (c) Consent to use the digital replica of a performer shall be obtained through a contract95 which:96 (1) Is valid, while the performer is living, only to the extent that the duration does not97 exceed ten years; and98 (2) Shall be valid only if the contract agreement:99 (A) Is in writing and signed by the performer or an authorized representative of the100 performer;101 (B) Provides for fair compensation to the performer for the use of the digital replica;102 (C) Prohibits the perpetual use of the digital replica without compensation to the103 performer; and104 (D) Includes a reasonably specific description of the intended use of the digital replica.105 10-1-972.106 Any production company deploying artificial intelligence systems for use in production in107 this state shall:108 (1) Not later than December 31, 2027, and annually thereafter, conduct an inventory of109 all systems that employ artificial intelligence and are in use and publish such inventory110 on a publicly accessible website. Each inventory shall include, but not be limited to, the111 following information for each artificial intelligence system:112 (A) The name of such system and the vendor, if any, that provided such system;113 (B) A description of the general capabilities and uses of such system;114 (C) The manner in which such system is able to be used to inde pendently make,115 inform, or materially support a conclusion, decision, or judgment; and116 H. B. 1603 - 5 - 26 LC 64 0114 (D) The manner in which such system underwent an impact assess ment prior to117 implementation;118 (2) Issue a disclaimer which provides how the use of artificial intelligence was adopted119 and deployed and any data, sources, or metrics which were used; and120 (3) Obtain a contract pursuant to subsection (c) of Code Section 10-1-971 prior to the use121 of a digital replica of a performer.122 10-1-973.123 (a) The Attorney General shall have authority to initiate any proceedings and to exercise124 any power or authority in the same manner as if he or she were acting under Part 2 of125 Article 15 of this chapter, the 'Fair Business Practices Act of 1975,' relating to violations126 or potential violations of this article.127 (b) A performer who is aggrieved by a violation of this articl e may bring an action to128 recover or obtain against a violator any of the following:129 (1) Actual damages;130 (2) Equitable relief, including, but not limited to, an injunction or restitution of money131 and property;132 (3) Punitive damages;133 (4) Reasonable attorney's fees and costs; and134 (5) Any other relief which the court deems proper.135 (c) Courts may grant injunctive relief to an individual aggrie ved by a violation of this136 article."137 SECTION 4.138 This Act shall become effective on January 1, 2027.139 H. B. 1603 - 6 - 26 LC 64 0114 SECTION 5.140 All laws and parts of laws in conflict with this Act are repealed.141 H. B. 1603 - 7 -