TX SB1960: Relating to digital replication rights in the voice and visual likeness of individuals; providing private causes of action; authorizing a fee.
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This bill establishes digital replication rights for individuals' voices and likenesses, allowing for private legal actions and licensing, with specific posthumous rights.
SB1960 introduces a framework for digital replication rights in Texas, focusing on the voice and visual likeness of individuals. It allows individuals to control the use of their likenesses in digital formats, establishing private causes of action for unauthorized use. This bill impacts creators and businesses using AI technologies for content generation, requiring compliance with new consent and licensing regulations, including posthumous rights and non-assignability during life.
Key Provisions
Defines 'digital replica' and 'digital replication rights'.
Establishes private causes of action for unauthorized use.
Rights are licensable and transferable after death.
Prohibits production of digital replicas without consent.
Permits certain uses without consent under specific conditions.
Digital replication rights are not assignable during the individual's lifetime.
Posthumous rights last for 10 years with 5-year renewal conditions.
Latest Legislative Action
Left pending in committee
Bill Sponsors (showing 5 of 9)
Name
Role
Darby
Primary
Perry
Primary
Rodríguez
Primary
Schwertner
Primary
Tepper
Primary
West
Primary
Creighton
Cosponsor
Flores
Cosponsor
Parker
Cosponsor
Roll Call Votes
Senate Rule 7.18 and the Constitutional Rule requiring bills to be read on three several days be suspended and that SB 1960 be placed on its third reading and final passage. ·
Apr 22, 2025
31 Yea 0 NayPassed ✓
Compliance Checklist
Obtain written consent from individuals before using their voice or likeness in digital replicas. Who: Content creators and businesses using AI technologies. Penalty: Legal action for unauthorized use.
Designate an agent for receiving notifications of violations. Who: Online service providers. Penalty: Potential liability for non-compliance.
SB1960 amends the Business & Commerce Code to create Title 14A, which governs digital replication rights. It defines 'digital replica' and establishes that individuals have property rights over their voice and likeness, which can be licensed or transferred posthumously. The bill prohibits unauthorized production and distribution of digital replicas without consent from the right holder. It applies to residents of Texas and those deceased who were residents at the time of death. The bill also outlines permitted uses of digital replicas, including news and commentary. Non-compliance can lead to private legal actions by eligible plaintiffs, emphasizing the importance of obtaining consent for digital likeness usage. Digital replication rights are not assignable during the individual's lifetime, and posthumous rights last for 10 years, with conditions for 5-year renewals.
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