Rep. Jennifer Gong-Gershowitz

Filed: 4/5/2024





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2    AMENDMENT NO. ______. Amend House Bill 4762, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 1. Short title. This Act may be cited as the
6Digital Voice and Likeness Protection Act.
7    Section 5. Definitions.
8    "Artificial intelligence" means a machine-based system
9that, for explicit or implicit objectives, infers, from the
10input it receives, how to generate outputs such as
11predictions, content, recommendations, or decisions that can
12influence physical or virtual environments. "Artificial
13intelligence" includes generative artificial intelligence.
14    "Digital replica" means a newly-created, electronic
15representation of the identity of an actual individual created
16using a computer, algorithm, software, tool, artificial



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1intelligence, or other technology that is fixed in a sound
2recording or audiovisual work in which that individual did not
3actually perform or appear.
4    "Generative artificial intelligence" means an automated
5computing system that, when prompted with human prompts,
6descriptions, or queries, can produce outputs that simulate
7human-produced content, including, but not limited to, the
9        (1) textual outputs, such as short answers, essays,
10    poetry, or longer compositions or answers;
11        (2) image outputs, such as fine art, photographs,
12    conceptual art, diagrams, and other images;
13        (3) multimedia outputs, such as audio or video in the
14    form of compositions, songs, or short-form or long-form
15    audio or video; and
16        (4) other content that would be otherwise produced by
17    human means.
18    Section 10. Unenforceable agreements.
19    (a) A provision in an agreement between an individual and
20any other person for the performance of personal or
21professional services is contrary to public policy and is
22deemed unenforceable if the provision meets all of the
23following conditions:
24        (1) the provision allows for the creation and use of a
25    digital replica of the individual's voice or likeness in



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1    place of work the individual would otherwise have
2    performed in person;
3        (2) the provision does not clearly define and detail
4    all of the proposed uses of the digital replica; and
5        (3) the individual was not either:
6            (A) represented by legal counsel who negotiated on
7        behalf of the individual licensing his or her digital
8        replica rights and the licensing terms governing the
9        use of the applicable digital replica exist in a
10        written agreement; or
11            (B) represented by a labor union representing
12        workers who do the proposed work and the terms of his
13        or her collective bargaining agreement expressly
14        covers uses of digital replicas.
15    Section 15. Application. This Act applies to agreements
16entered into after the effective date of this Act.
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".