Sen. Mary Edly-Allen

Filed: 4/30/2024





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



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1recording or audiovisual work in which that individual did not
2actually perform or appear and that is so realistic that a
3reasonable observer would believe it is a performance by the
4individual being portrayed and no other individual.
5    "Generative artificial intelligence" means an automated
6computing system that, when prompted with human prompts,
7descriptions, or queries, can produce outputs that simulate
8human-produced content, including, but not limited to, the
10        (1) textual outputs, such as short answers, essays,
11    poetry, or longer compositions or answers;
12        (2) image outputs, such as fine art, photographs,
13    conceptual art, diagrams, and other images;
14        (3) multimedia outputs, such as audio or video in the
15    form of compositions, songs, or short-form or long-form
16    audio or video; and
17        (4) other content that would be otherwise produced by
18    human means.
19    Section 10. Unenforceable agreements.
20    (a) A provision in an agreement between an individual and
21any other person for the performance of personal or
22professional services is contrary to public policy and is
23deemed unenforceable if the provision meets all of the
24following conditions:
25        (1) the provision allows for the creation and use of a



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1    digital replica of the individual's voice or likeness in
2    place of work the individual would otherwise have
3    performed in person;
4        (2) the provision does not include a reasonably
5    specific description of the intended uses of the digital
6    replica; and
7        (3) the individual was not either:
8            (A) represented by legal counsel who negotiated on
9        behalf of the individual licensing his or her digital
10        replica rights and the licensing terms governing the
11        use of the applicable digital replica exist in a
12        written agreement; or
13            (B) represented by a labor union representing
14        workers who do the proposed work and the terms of the
15        individual's collective bargaining agreement expressly
16        covers uses of digital replicas as that term is
17        defined in this Act or in the individual's collective
18        bargaining agreement.
19    Section 15. Application. This Act applies to agreements
20entered into after the effective date of this Act.
21    Section 99. Effective date. This Act takes effect upon
22becoming law.".