25 LC 59 0126S
The House Committee on Creative Arts and Entertainment offers the following substitute
to HB 566:
A BILL TO BE ENTITLED
AN ACT
To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling1
and other trade practices, so as to enact the "NO FAKES Act of 2025"; to protect intellectual2
property rights in the voice and visual likeness of individuals; to provide for the3
characteristics of a right to use the voice or visual likeness in a digital replica; to provide for4
licensing and transferability of a right; to require the Secretary of State to maintain a5
directory of certain post-mortem digital replication rights and a directory of designated6
agents; to authorize the Secretary of State to make interpretations and resolve ambiguities7
in carrying out provisions of this article; to provide for rules and regulations; to provide for8
civil liability for the unauthorized use of a digital replica; to provide for penalties; to bar9
liability arising from retroactive application of this Act; to provide for definitions; to provide10
for an effective date; to repeal conflicting laws; and for other purposes.11
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:12
SECTION 1.13
This Act shall be known and may be cited as the "Nurture Originals, Foster Art, and Keep14
Entertainment Safe Act of 2025" or the "NO FAKES Act of 2025."15
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SECTION 2.16
Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other17
trade practices, is amended by enacting a new article to read as follows:18
"ARTICLE 3719
10-1-950.20
As used in this article, the term:21
(1) 'Digital replica' means a newly created, computer generated, highly realistic22
electronic representation that is readily identifiable as the voice or visual likeness of an23
individual that:24
(A) Is embodied in a sound recording, image, audiovisual work, including an25
audiovisual work that does not have any accompanying sounds, or transmission:26
(i) In which the actual individual did not actually perform or appear; or27
(ii) That is a version of a sound recording, image, or audiovisual work, in which the28
actual individual did perform or appear, where the fundamental character of the29
performance or appearance has been materially altered; and30
(B) Does not include the electronic reproduction, use of a sample of one sound31
recording or audiovisual work into another, remixing, mastering, or digital remastering32
of a sound recording or audiovisual work authorized by the copyright holder.33
(2) 'Individual' means a human being, living or dead.34
(3) 'Online service' means:35
(A)(i) Any public website, online application, mobile application, or virtual reality36
environment that predominantly provides a community forum for user generated37
content, such as sharing videos, images, games, audio files, or other material; or38
(ii) A digital music provider, as defined in 17 U.S.C. Section 115(e); and39
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(B) May include a social media service, social network, or application store; provided,40
however, that such term does not include a service by wire or radio that provides the41
capability to transmit data to and receive data from all, or substantially all, internet42
endpoints, including any capabilities that are incidental to enabling the operation of the43
communications service of a provider of online services or network access, or the44
operator of facilities for such service.45
(4) 'Production' means the creation of a digital replica.46
(5) 'Right holder' means the individual whose voice or visual likeness is at issue with47
respect to a digital replica and any other person that has acquired, through a license,48
inheritance, or otherwise, the right to authorize the use of such voice or visual likeness49
in a digital replica.50
(6) 'Sound recording artist' means an individual who creates or performs in sound51
recordings for economic gain or for the livelihood of the individual.52
10-1-951.53
(a) Subject to the other provisions of this Code section, each individual or right holder54
shall have the right to authorize the use of the voice or visual likeness of such individual55
in a digital replica.56
(b) The right described in subsection (a) of this Code section shall have the following57
characteristics:58
(1) The right is:59
(A) A property right;60
(B) Not assignable during the life of the individual; and61
(C) Licensable, in whole or in part, exclusively or non-exclusively, by the right holder;62
(2) The right shall not expire upon the death of the individual, without regard to whether63
such right is commercially exploited by the individual during the individual's lifetime;64
(3) Upon the death of the individual:65
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(A) The right is transferable, licensable, in whole or in part, by the executors, heirs,66
assigns, licensees, or devisees of the individual; and67
(B) Ownership of the right may be:68
(i) Transferred, in whole or in part, by any means of conveyance or by operation of69
law; and70
(ii) Bequeathed by will or passed as personal property by the applicable laws of71
intestate succession;72
(4) The right shall be exclusive to:73
(A) The individual, subject to the licensing of the right during the lifetime of such74
individual under subsection (a) of Code Section 10-1-952; and75
(B) The right holder:76
(i) For a period of ten years after the death of the individual; and77
(ii) If the right holder demonstrates active and authorized public use of the voice or78
visual likeness of the individual during the two-year period preceding the expiration79
of the ten-year period described in division (i) of this paragraph, for an additional80
five-year period, subject to renewal for additional five-year periods, provided that the81
right holder can demonstrate authorized public use of the voice or visual likeness of82
the individual during the two-year period preceding the expiration of each additional83
five-year period; and84
(5) The right shall terminate on the date that is the earlier of:85
(A) The date on which the ten-year period or five-year period described in86
division (b)(4)(B)(ii) of this Code section terminates without renewal; or87
(B) The date that is 70 years after the death of the individual.88
10-1-952.89
(a) A license described in subparagraph (b)(4)(A) of Code Section 10-1-951:90
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(1) While the individual is living, is valid only to the extent that the license duration does91
not exceed ten years; and92
(2) Shall be valid only if the license agreement:93
(i) Is in writing and signed by the individual or an authorized representative of the94
individual; and95
(ii) Includes a reasonably specific description of the intended uses of the applicable96
digital replica.97
(b) A license as described in subparagraph (b)(1)(C) of Code Section 10-1-951 involving98
a living individual who is younger than 18 years of age:99
(1) Is valid only to the extent that the license duration does not exceed five years, but in100
any case terminates when the individual reaches 18 years of age;101
(2) Shall be valid only if the license agreement:102
(A) Is in writing and signed by the individual or an authorized representative of the103
individual; and104
(B) Includes a reasonably specific description of the intended uses of the digital105
replica; and106
(3) The license is approved by a court in accordance with the law of this state.107
(c) The provisions of subsections (a) and (b) of this Code section shall not apply if the108
license is governed by a collective bargaining agreement that addresses digital replicas.109
(d) The provisions of subsections (a) and (b) of this Code section shall not affect terms and110
conditions of a license or related contract other than those described in this Code section,111
and the expiration of such license does not affect the remainder of the license or related112
contract.113
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10-1-953.114
(a) A post-mortem transfer or license as provided in subparagraph (b)(3)(A) of Code115
Section 10-1-951 shall be valid only if the transfer agreement or license agreement is in116
writing and signed by the right holder or an authorized representative of the right holder.117
(b) The renewal of a post-mortem right under division (b)(4)(B)(ii) of Code Section118
10-1-951 shall be effective if, during the applicable two-year renewal period specified in119
said division, the right holder files a notice with the Secretary of State which shall include:120
(1) The name of the deceased individual;121
(2) A statement, under penalty of perjury, that the right holder has engaged in active and122
authorized public use of the voice or visual likeness during the applicable two-year123
period;124
(3) The identity of and contact information for the right holder; and125
(4) Such other information as the Secretary of State may prescribe by regulation.126
(c) The Secretary of State shall maintain a current directory of post-mortem digital127
replication rights registered under this Code section. Such directory may include voluntary128
registrations of the post-mortem right provided in division (b)(4)(b)(i) of Code Section129
10-1-951. Such directory shall be posted on the appropriate public website and available130
to the public for inspection. The Secretary of State may require payment of a reasonable131
filing fee by the registrant, which may take into consideration the costs of maintaining such132
directory.133
(d) The right holder may voluntarily register the post-mortem right under division134
(b)(4)(B)(i) of Code Section 10-1-951 by filing a notice with the Secretary of State that135
complies with such requirements regarding form, content, and filing procedures as the136
Secretary of State may prescribe by regulation.137
(e) The Secretary of State may make such interpretations and resolve such ambiguities as138
may be appropriate to carry out this article.139
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(f) The Secretary of State shall promulgate rules and regulations necessary to implement140
and administer the provisions of this article.141
10-1-954.142
A digital replica that is embodied in a sound recording, image, audiovisual work, including143
an audiovisual work that does not have any accompanying sounds, or transmission, and the144
use of which is authorized pursuant to the terms of a license, may continue to be utilized145
in a manner consistent with the terms of that license after the expiration or termination of146
the license.147
10-1-955.148
(a) Any person that engages in an activity provided in subsection (b) of this Code section149
shall be liable in a civil action brought under subsection (e) of this Code section.150
(b) The following activities shall be prohibited pursuant to this article:151
(1) The production of a digital replica without consent of the applicable right holder; or152
(2) The publication, reproduction, display, distribution, transmission of, or otherwise153
making available to the public a digital replica without consent of the applicable right154
holder.155
(c) To incur liability under this Code section, a person engaging in an activity shall have156
actual knowledge, which could be obtained through a notification that satisfies157
subsection (k) of this Code section, or shall willfully avoid having such knowledge, that:158
(1) The applicable material is a digital replica; and159
(2) The digital replica was not authorized by the applicable right holder.160
(d) It shall not be a violation of subsection (a) of this Code section if:161
(1) The applicable digital replica is produced or used in a bona fide news, public affairs,162
or sports broadcast or account, provided that the digital replica is the subject of, or is163
materially relevant to, the subject of such broadcast or account; or164
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(2) The applicable digital replica is a representation of the applicable individual in a165
documentary or in a historical or biographical manner, including some degree of166
fictionalization, unless:167
(A) The production or use of that digital replica creates the false impression that the168
work is an authentic sound recording, image, transmission, or audiovisual work in169
which the individual participated; or170
(B) The digital replica is embodied in a musical sound recording that is synchronized171
to accompany a motion picture or other audiovisual work, except to the extent that the172
use of that digital replica is protected by the First Amendment to the Constitution of the173
United States;174
(3) The applicable digital replica is produced or used consistent with the public interest175
in bona fide commentary, criticism, scholarship, satire, or parody;176
(4) The use of the applicable digital replica is fleeting or negligible; or177
(5) The applicable digital replica is used in an advertisement or commercial178
announcement for any purpose described in paragraphs (1) through (4) of this subsection179
and the applicable digital replica is relevant to the subject of the work so advertised or180
announced.181
(e) The exception provided in subsection (d) of this Code section shall not apply where the182
applicable digital replica is used to depict sexually explicit conduct, as such term is set183
forth in Code Section 16-12-100.184
(f) No person shall be secondarily liable for a violation of this Code section for185
manufacturing, importing, offering to the public, providing, or otherwise distributing a186
product or service unless the product or service:187
(1) Is primarily designed to produce one or more unauthorized digital replicas;188
(2) Has only limited commercially significant purpose or use other than to produce an189
unauthorized digital replica; or190
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(3) Is marketed, advertised, or otherwise promoted by that person or another acting in191
concert with that person with that person's knowledge for use in producing an192
unauthorized digital replica.193
(g) An online service shall not be liable for violating the right described in Code Section194
10-1-951 by referring or linking a user to an unauthorized digital replica, or by carrying out195
an activity described in subsection (b) of this Code section, if, upon receiving a notification196
as provided in subsection (c) of this Code section, the online service removes or disables197
access to the material that is claimed to be an unauthorized digital replica as soon as is198
technically and practically feasible for such online service.199
(h) An online service shall not be liable for violating the right described in Code Section200
10-1-951 by storing third-party provided material that resides on a system or network201
controlled or operated by or for the online service if, upon receiving a notification that202
satisfies subsection (c) of this Code section, the online service:203
(1) Removes, or disables access to, all instances of the material, or an activity using the204
material, that is claimed to be an unauthorized digital replica, as soon as is technically205
and practically feasible for such online service; and206
(2) Having done so, takes reasonable steps to promptly notify the third party which207
provided the material that the online service has removed or disabled access to the208
material.209
(i) The limitations on liability established under this Code section shall apply to an online210
service only if the online service has designated an agent to receive notifications under211
subsection (c) of this Code section by making available through the online service,212
including on the public website of the online service in a location accessible to the public,213
and by providing to the Secretary of State, substantially the following information:214
(1) The name, address, telephone number, and electronic mail address of the agent; and215
(2) Other contact information that the Secretary of State may determine appropriate.216
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(j) The Secretary of State shall maintain a current directory of designated agents for the217
purposes of this Code Section. The directory of designated agents shall be available to the218
public for inspection, including through the internet. The Secretary of State may require219
payment of a reasonable filing fee by the registrant, which may take into consideration the220
costs of maintaining the directory of designated agents.221
(k) To be effective under this Code section, a notification of a claimed violation of the222
right described in Code Section 10-1-951 shall be a written communication provided to the223
designated agent of an online service that includes the following:224
(1) A physical or electronic signature of the right holder, a person authorized to act on225
behalf of the right holder, or an eligible plaintiff under subsection (n) of this Code226
section;227
(2) Identification of the individual, the voice or visual likeness of whom is being used228
in an unauthorized digital replica;229
(3) Identification of the material containing an unauthorized digital replica, including230
information sufficient to allow the online service to locate the allegedly unauthorized231
digital replica;232
(4) Information reasonably sufficient to permit the online service to contact the notifying233
party, such as an address, telephone number, and electronic mail address;234
(5) A statement that the notifying party believes in good faith that the material is an235
unauthorized use of a digital replica;236
(6) If not the right holder or an eligible plaintiff under subsection (n) of this Code237
section, a statement that the notifying party has the authority to act on behalf of the right238
holder;239
(7) For the purposes of subsection (g) of this Code section, information reasonably240
sufficient to:241
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(A) Identify the reference or link to the material or activity claimed to be an242
unauthorized digital replica that is to be removed or to which access is to be disabled;243
and244
(B) Permit the online service to locate the reference or link described in245
subparagraph (A) of this paragraph.246
(l) It shall be unlawful to knowingly materially misrepresent under subsection (k) of this247
Code section:248
(1) That the material requested to be removed is an unauthorized digital replica;249
(2) That a person has the authority to act on behalf of the right holder; or250
(3) That a digital replica is not authorized by the right holder or by other law.251
(m) Any person that violates subsection (l) of this Code section shall be liable for an252
amount equal to the greater of $5,000.00 or any actual damages, including costs and253
attorney's fees, incurred by the alleged violator, as well as by any online service injured by254
the reliance of the online service on the misrepresentation in removing or disabling access255
to the material or activity claimed to be an unauthorized digital replica.256
(n) A civil action for a violation of this Code section may be brought by:257
(1) A right holder;258
(2) If the individual is younger than 18 years of age, a parent or guardian of the259
individual;260
(3) Any other person that controls, including by virtue of a license, the right to authorize261
the use of the voice or visual likeness of the right holder;262
(4) Any other person that owns or controls the right to authorize the use of the voice or263
visual likeness of a deceased individual; or264
(5) In the case of a digital replica involving a sound recording artist, any person that has,265
directly or indirectly, entered into:266
(A) A contract for the exclusive personal services of the sound recording artist as a267
sound recording artist; or268
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(B) An exclusive license to distribute or transmit one or more works that capture the269
audio performance of the sound recording artist.270
(o) A civil action may not be brought under this Code section unless the action is271
commenced not later than three years after the date on which the party seeking to bring the272
civil action discovered, or with due diligence should have discovered, the applicable273
violation.274
(p) It shall not be a defense in a civil action brought under this Code section that the275
defendant displayed or otherwise communicated to the public a disclaimer stating that the276
applicable digital replica was unauthorized or disclosing that the digital replica was277
generated through the use of artificial intelligence or other technology.278
(q) In any civil action brought under this Code section:279
(1) An individual or entity that engages in an activity described in subsection (b) of Code280
Section 10-1-955 shall be liable to the injured party in an amount equal to the greater of:281
(A)(i) In the case of an individual, $5,000.00 per work embodying the applicable282
unauthorized digital replica;283
(ii) In the case of an entity that is an online service, $5,000.00 per violation; and284
(iii) In the case of an entity that is not an online service, $25,000.00 per work285
embodying the applicable unauthorized digital replica; or286
(B) Any actual damages suffered by the injured party as a result of the activity, plus287
any profits from the unauthorized use that are attributable to such use and are not taken288
into account in computing the actual damages.289
(2) The plaintiff may seek injunctive or other equitable relief;290
(3) In the case of willful activity in which the injured party has proven that the defendant291
acted with malice, fraud, knowledge, or willful avoidance of knowledge that the conduct292
violated the law, the court may award to the injured party punitive damages;293
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(4) If the party bringing the action prevails, the court shall award reasonable attorney's294
fees. If the party defending the action prevails, the court shall award reasonable295
attorney's fees if the court determines that the action was not brought in good faith;296
(5) For purposes of this subsection, the term 'violation' means each display, copy,297
transmission, and each instance of the unauthorized digital replica being otherwise made298
available on the online service, unless the online service has taken reasonable steps to299
remove, or disable access to, the unauthorized digital replica as soon as is technically and300
practically feasible for the online service upon acquiring knowledge as set forth in301
subsection (c)(3) of Code Section 10-1-955;302
(6) An online service that has an objectively reasonable belief that material that is303
claimed to be an unauthorized digital replica does not qualify as a digital replica under304
paragraph (1) of Code Section 10-1-950 shall not be liable for statutory or actual damages305
exceeding $1 million regardless of whether the material is ultimately determined to be306
an unauthorized digital replica; and307
(7) In the event that the third party that provided the material that the online service has308
removed or to which the online service has disabled access files a lawsuit against the309
sender of a notice under subsection (k) of this Code section claiming that such notice was310
false or deceptive as provided in subsection (l) of this Code section, the online service311
may, provided that the lawsuit was filed not later than 14 days after the user receives312
notice that the online service has removed or disabled access to the material, restore the313
removed material to its network for access by members of the public without monetary314
liability therefor to either the notice sender or the third party that provided the material315
that the online service had removed or disabled access.316
10-1-956.317
(a) Nothing in this article shall be construed to abrogate causes of action under the318
common law.319
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(b) Liability under this article shall apply only to:320
(1) Conduct occurring after the date of enactment of this Act; and321
(2) In the case of conduct covered by a license or contract, a license or contract that is322
executed after the date of enactment of this Act.323
(c) The right granted under subsection (b) of Code Section 10-1-951:324
(1) Shall apply to any individual, regardless of whether the individual dies before or after325
the date of enactment of this article; and326
(2) In the case of a right holder who has died before the date of enactment of this article,327
shall vest in the executors, heirs, assigns, or devisees of the right holder."328
SECTION 3.329
This Act shall become effective 180 days after its approval by the Governor or 180 days after330
its becoming law without such approval.331
SECTION 4.332
All laws and parts of laws in conflict with this Act are repealed.333
H. B. 566 (SUB)
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