PROTECT IMAGE-VOICE-LOOKS
Summary
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.
Bill status
in committee
1 of 4 stages cleared
Introduction
Feb 2024
Committee Review
Floor Vote
Governor
Introduced Feb 9, 2024
Last action Apr 5, 2024
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
9
Key actions
1
Committee
4
Apr 5, 2024
Committee
Rule 19(a) / Re-referred to Rules Committee
lower
Mar 22, 2024
Lower · Passed
To Constitutional Law Subcommittee
lower
Mar 12, 2024
Committee
Assigned to Judiciary - Civil Committee
lower
Feb 9, 2024
Committee
Referred to Rules Committee
lower
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Hoan Huynh
DDemocratic
Co
Abdelnasser Rashid
DDemocratic
Co
Kevin Olickal
DDemocratic
Co
Norma Hernandez
DDemocratic
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