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To Amend The Frank Broyles Publicity Rights Protection Act Of 2016; And To Provide Protections For An Individual Whose Photograph, Voice, Or Likeness Is Reproduced Through Means Of Artificial Intelligence And Used Commercially.
In one paragraph
Arkansas's HB 1071 (Act 159 of 2025) updates the Frank Broyles Publicity Rights Protection Act of 2016 to cover AI. "Likeness" now includes reproductions of a person's image generated through AI; "photograph" includes image, video or three-dimensional generation through AI; and a new definition of "voice" covers a sound readily identifiable and attributable to a particular individual, whether actual or simulated, including AI-generated simulations. The Act's property rights are declared not to be intellectual property for purposes of 47 U.S.C. § 230. Approved February 25, 2025 (Act 159).
Plain-English summary, written with AI assistance. The official text controls.
What it means for business
Businesses that use a person's AI-generated image, video, 3-D likeness or simulated voice commercially in Arkansas fall under the Frank Broyles Act's publicity rights, which the act says are not intellectual property for Section 230 purposes.
Key provisions
- § 4-75-1103(3): "likeness" means a reproduction of an individual's image by any means other than a photograph, including generation through artificial intelligence
- § 4-75-1103(5): "photograph" means a reproduction of an individual's image that readily identifies the individual, whether made by photography, videotape, live transmission, image, video or three-dimensional generation through AI, or other means
- New § 4-75-1103(7): "voice" means a sound in a medium that is readily identifiable and attributable to a particular individual, whether it contains the actual voice or a simulation of it, including an AI-generated simulation
- § 4-75-1110(a)(1)(F)(i), part of the exemption for service providers of a system or network, now reads: does not have actual knowledge that a photograph, voice or likeness on the system or network violates the subchapter
- § 4-75-1112: the subchapter is liberally construed; it does not invalidate contracts or licenses, entered before or after August 22, 2016, transferring or licensing the right to use a person's name, voice, signature, photograph or likeness; the property rights it grants are not intellectual property for purposes of 47 U.S.C. § 230
- Approved February 25, 2025 (Act 159); the act has no emergency clause or effective-date section
Latest legislative action
Feb 25, 2025. Notification that HB1071 is now Act 159
Sponsors
| Name | Role |
|---|---|
| A. Davis | Primary |
| J. Bryant | Primary |
| Joint Budget Committee | Primary |
| R. Scott Richardson | Primary |
Amendments (1)
-
Senate Amendment S1 Not adopted 2025-02-10
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Affected industries
This page is general information, not legal advice. Summaries are AI-assisted and may contain errors; read the statute for the controlling text and talk to a lawyer about your situation. Full disclaimer · Report an error