Stricken language would be deleted from and underlined language would be added to present law.
Act 159 of the Regular Session
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State of Arkansas As Engrossed: S2/11/25 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 As Engrossed: S2/11/25 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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SECTION 5. Arkansas Code § 4 -75-1112 is amended to read as follows: 26
4-75-1112. Construction. 27
(a) This subchapter: 28
(1) Shall be liberally construed to accomplish its intent 29
and purposes; and 30
(2) Does not render invalid or unenforceable a contract 31
or license entered into before or after August 22, 2016, by an individual 32
during his or her lifetime by which the individual transferred, assigned, or 33
licensed all or part of the right to use his or her name, voice, signature, 34
photograph, or likeness. 35
(b) The property rights granted by this subchapter are not 36 As Engrossed: S2/11/25 HB1071
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considered intellectual property for purposes of 47 U.S.C. § 230. 1
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/s/R. Scott Richardson 3
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APPROVED: 2/25/25 6
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