HB 4762

Abstract

Creates the Digital Voice and Likeness Protection Act. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision meets all of the following conditions: (1) the provision allows for the creation and use of a digital replica of the individual's voice or likeness in place of work the individual would otherwise have performed in person; (2) the provision does not clearly define and detail all of the proposed uses of the digital replica or the generative artificial intelligence system; and (3) the individual was not represented by legal counsel or by a labor union acting in a specified capacity. Provides that the Act shall apply retroactively. Provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. Effective immediately. House Committee Amendment No. 1 Removes a provision that provides that the Act shall apply retroactively. Removes a provision that provides that any person who is currently under, or has entered into, an agreement with an individual performing personal or professional services containing an unenforceable provision shall notify that individual in writing that the provision is unenforceable by January 1, 2025. House Floor Amendment No. 2 Replaces everything after the enacting clause. Reinserts the provisions of the bill as amended by House Amendment No. 1 with the following changes. Provides that the Act applies to agreements entered into after the effective date of the Act. Defines terms. Makes other changes. Effective immediately. House Floor Amendment No. 3 Makes a change in the definition of "digital replica". Corrects a grammatical error. Senate Committee Amendment No. 1 Replaces everything after the enacting clause. Reinserts the provisions of the engrossed bill with the following changes. Provides that a provision in an agreement between an individual and any other person for the performance of personal or professional services is contrary to public policy and is deemed unenforceable if the provision does not include a reasonably specific description of the intended uses of the digital replica (rather than the provision does not clearly define and detail all of the proposed uses of the digital replica). Makes changes in provisions concerning collective bargaining agreements. Effective immediately.