Relating to digital replication rights in the voice and visual likeness of individuals; providing private causes of action; authorizing a fee.
What changed between versions
New definition of 'digital replica' as a computer-generated, highly realistic electronic representation of an individual's voice or visual likeness.
Establishes that individuals who are residents of Texas (or were residents at time of death) have rights to authorize use of their digital likeness.
Requires online service providers to designate an agent to receive violation notifications and remove unauthorized digital replicas within technical feasibility.
Requires written consent for production and public use of digital replicas, with exceptions for news, public affairs, and certain documentary uses.
Establishes registration system for postmortem rights with secretary of state, including filing fees to cover administration costs.
Creates private cause of action allowing eligible plaintiffs to seek injunctive relief and statutory damages ranging from $5,000 to $25,000 per unauthorized use.
Sets effective date of September 1, 2025, with special provisions for rights holders who died before this date.