Stricken language would be deleted from and underlined language would be added to present law. *LJH013* 12/18/2024 2:18:29 PM LJH013 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1071 3 4 By: Representative R. Scott Richardson 5 By: Senator J. Bryant 6 7 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 14 15 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 23 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 25 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 32 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 2 12/18/2024 2:18:29 PM LJH013 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 9 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 18 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 25 26 27 28 29 30 31 32 33 34 35 36