Full Text of HB4762 103rd General Assembly
HB4762sam001 103RD GENERAL ASSEMBLY | Sen. Mary Edly-Allen Filed: 4/30/2024 | | 10300HB4762sam001 | | LRB103 37878 SPS 72722 a |
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| 1 | | AMENDMENT TO HOUSE BILL 4762
| 2 | | AMENDMENT NO. ______. Amend House Bill 4762 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 1. Short title. This Act may be cited as the | 5 | | Digital Voice and Likeness Protection Act. | 6 | | Section 5. Definitions. | 7 | | "Artificial intelligence" means a machine-based system | 8 | | that, for explicit or implicit objectives, infers, from the | 9 | | input it receives, how to generate outputs such as | 10 | | predictions, content, recommendations, or decisions that can | 11 | | influence physical or virtual environments. "Artificial | 12 | | intelligence" includes generative artificial intelligence. | 13 | | "Digital replica" means a newly created, electronic | 14 | | representation of the identity of an actual individual created | 15 | | using a computer, algorithm, software, tool, artificial | 16 | | intelligence, or other technology that is fixed in a sound |
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| 1 | | recording or audiovisual work in which that individual did not | 2 | | actually perform or appear and that is so realistic that a | 3 | | reasonable observer would believe it is a performance by the | 4 | | individual being portrayed and no other individual. | 5 | | "Generative artificial intelligence" means an automated | 6 | | computing system that, when prompted with human prompts, | 7 | | descriptions, or queries, can produce outputs that simulate | 8 | | human-produced content, including, but not limited to, the | 9 | | following: | 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 | 21 | | any other person for the performance of personal or | 22 | | professional services is contrary to public policy and is | 23 | | deemed unenforceable if the provision meets all of the | 24 | | following 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 | 20 | | entered into after the effective date of this Act. | 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.". |
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