Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1071 Draft / Bill

Filed 12/19/2024

                    Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1071 3 
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By: Representative R. Scott Richardson 5 
By: Senator J. Bryant 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE FRANK BROYLES PUBLICITY RIGHTS 9 
PROTECTION ACT OF 2016; TO PROVIDE PROTECTIONS FOR AN 10 
INDIVIDUAL WHOSE PHOTOGRAPH, VOICE, OR LIKENESS IS 11 
REPRODUCED THROUGH MEANS OF ARTIFICIAL INTELLIGENCE 12 
AND USED COMMERCIALLY; AND FOR OTHER PURPOSES. 13 
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Subtitle 16 
TO AMEND THE FRANK BROYLES PUBLICITY 17 
RIGHTS PROTECTION ACT OF 2016; AND TO 18 
PROVIDE PROTECTIONS FOR AN INDIVIDUAL 19 
WHOSE PHOTOGRAPH, VOICE, OR LIKENESS IS 20 
REPRODUCED THROUGH MEANS OF ARTIFICIAL 21 
INTELLIGENCE AND USED COMMERCIALLY. 22 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 
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 SECTION 1.  Arkansas Code § 4 -75-1103(3), concerning the definition of 26 
"likeness" under the Frank Broyles Publicity Rights Protection Act of 2016, 27 
is amended to read as follows: 28 
 (3) “Likeness” means a reproduction of the image of an individual 29 
by any means other than a photograph , including without limitation generation 30 
through means of artificial intelligence ; 31 
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 SECTION 2.  Arkansas Code § 4 -75-1103(5), concerning the definition of 33 
"photograph" under the Frank Broyles Publicity Rights Protection Act of 2016, 34 
is amended to read as follows: 35 
 (5) “Photograph” means a reproduction of the image of an 36    	HB1071 
 
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individual that readily identifies the individual, whether made by: 1 
photography, videotape, live transmission, or other means 2 
 (A)  Photography; 3 
 (B)  Videotape; 4 
 (C)  Live transmission; 5 
 (D)  Image, video, or three -dimensional generation through 6 
means of artificial intelligence; or 7 
 (E)  Other means; and 8 
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 SECTION 3.  Arkansas Code § 4 -75-1103, concerning definitions under the 10 
Frank Broyles Publicity Rights Protection Act of 2016, is amended to add an 11 
additional subdivision to read as follows: 12 
 (7)  "Voice" means a sound in a medium that is readily 13 
identifiable and attributable to a particular individual, regardless of 14 
whether the sound contains the actual voice or a simulation of the voice of 15 
the individual, including without limitation a simulation of the voice of the 16 
individual that is generated through means of artificial intelligence. 17 
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 SECTION 4.  Arkansas Code § 4 -75-1110(a)(1)(F)(i), concerning exempt 19 
use of an individual's photograph or likeness by a service provider of a 20 
system or network under the Frank Broyles Publicity Rights Protection Act of 21 
2016, is amended to read as follows: 22 
 (i) Does not have actual knowledge that a photograph, voice, or 23 
likeness on the system or network is in violation of this subchapter; or 24 
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