Bill Status of HB 5594   103rd General Assembly

Short Description:  PROTECT IMAGE-VOICE-LOOKS

House Sponsors
Rep. Hoan Huynh, Abdelnasser Rashid, Kevin John Olickal and Norma Hernandez

Last Action  View All Actions

DateChamber Action
  4/5/2024HouseRule 19(a) / Re-referred to Rules Committee

Statutes Amended In Order of Appearance
New Act

Synopsis As Introduced
Creates the Nurture Originals, Foster Art, and Keep Entertainment Safe Act, which may be referred to as the NO FAKES Act. Creates a civil action for a violation of specified provisions may be brought by (i) an individual, the image, voice, or visual likeness of whom is used in the digital replica that is the subject of the action; or (ii) any other person that owns or controls, including by virtue of an exclusive license, the rights to the image, voice, or visual likeness of this individual; or (iii) in the case involving a sound recording artist, any person that has entered into a contract for the exclusive personal services of the sound recording artist as a sound recording artist. Provides that "digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that (i) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (ii) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear. Requires that the civil action must be brought within 3 years after the date on which the aggrieved party discovered, or with due diligence should have discovered, the violation. Provides that the amounts that may be recovered include: (i) an amount equal to the greater of $5,000 per violation or any damages suffered by the injured party as a result of the violation; (ii) punitive damages in the case of a willful violation in which the injured party has proven that the defendant acted with malice, fraud, or oppression; and (iii) reasonable attorney's fees.

Actions 
DateChamber Action
  2/9/2024HouseFiled with the Clerk by Rep. Hoan Huynh
  2/9/2024HouseFirst Reading
  2/9/2024HouseReferred to Rules Committee
  3/6/2024HouseAdded Co-Sponsor Rep. Abdelnasser Rashid
  3/6/2024HouseAdded Co-Sponsor Rep. Kevin John Olickal
  3/6/2024HouseAdded Co-Sponsor Rep. Norma Hernandez
  3/12/2024HouseAssigned to Judiciary - Civil Committee
  3/22/2024HouseTo Constitutional Law Subcommittee
  4/5/2024HouseRule 19(a) / Re-referred to Rules Committee

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