HB3178: DIGITAL PROTECT-USE OF REPLICA

Legislative Summary

Amends the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is unenforceable only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of an individual if specified conditions are satisfied. Provides that the failure to include a reasonably specific description of the intended uses of a digital replica shall not render a provision in an agreement unenforceable when the uses of the digital replica are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or sound track as recorded or performed. Provides that the requirements do not affect any other provision of a contract. Makes other changes. Effective January 1, 2026.