HB 5594

Abstract

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.