HB 221 New Mexico House · 2025 Regular Session

VOICE & VISUAL LIKENESS RIGHTS ACT

HB 221, the "Voice and Visual Likeness Rights Act," establishes a new property right for individuals to control the commercial use of their voice and visual likeness in digital replicas. It requires written consent for any commercial use of an individual's likeness in highly realistic digital representations (like AI-generated videos or audio), with licenses limited to 10 years for adults and 5 years for minors (ending at age 18). The law allows individuals to transfer these rights after death but prohibits unauthorized use - such as creating AI clones without permission - except for bona fide news or public affairs content. It directly affects anyone whose likeness could be digitally replicated (e.g., celebrities, influencers, or everyday people) and imposes civil liability for violations.

Issues: ✓ Technology

Bill status in committee 1 of 4 stages cleared

Introduction

Jan 2025

Committee Review

Floor Vote

Governor

Introduced Jan 29, 2025 Last action Jun 3, 2025

Maddy AI version diff · 1 comparison

What changed between versions

introduced version → GE substitute · 7 edits

MODERATE

This bill introduces a new Voice and Visual Likeness Rights Act in New Mexico to protect individuals' digital voice and likeness from unauthorized use by AI and digital replicas. The legislation establishes property rights that survive death for up to 70 years, creates specific licensing requirements for adults and minors, and sets up a post-mortem registration system with the Secretary of State. It also defines liability for unauthorized use while providing exemptions for news, documentary, and educational purposes.

Scope change

The bill creates a new substantive legal framework for protecting digital voice and visual likeness rights, expanding intellectual property protections to include digital replicas that closely resemble real individuals.

DEFINITION

New definitions for digital replica, individual, right holder, and sexually explicit conduct to establish legal standards for the new rights.

ELIGIBILITY

Establishes that voice and visual likeness rights are property rights exclusive to individuals that survive death for up to 70 years.

REQUIREMENT

Requires written licensing agreements with specific descriptions of intended use for adults and minors, with different duration limits (10 years for adults, 5 years for minors).

Creates a post-mortem registration system requiring right holders to register ownership with the Secretary of State.

ENFORCEMENT

Establishes civil liability for unauthorized use with damages ranging from $5,000 to $25,000 per violation, plus actual damages and potential punitive damages for willful misconduct.

Provides exemptions for news broadcasts, documentaries, commentary, satire, and certain commercial uses that are relevant to the advertised subject.

TIMELINE

Sets the effective date of the act as July 1, 2025.

Floor votes

How they voted

No floor votes recorded yet.

Full legislative history

Actions timeline

Total actions

Key actions

Committee

Feb 22, 2025

Lower · Passed

DO NOT PASS, replaced with committee substitute

lower

Jan 29, 2025

Introduced

Sent to House Government, Elections and Indian Affairs Committee & House Judiciary Committee

lower

3 primary · 0 co-sponsors