Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H74 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3986 FILED ON: 1/17/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 74
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tackey Chan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the contracting of digital replicas.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tackey Chan2nd Norfolk1/17/2025Rodney M. Elliott16th Middlesex2/10/2025Angelo J. Puppolo, Jr.12th Hampden2/10/2025Lindsay N. Sabadosa1st Hampshire2/18/2025Manny Cruz7th Essex2/20/2025Bruce E. TarrFirst Essex and Middlesex3/4/2025Steven Owens29th Middlesex3/4/2025 1 of 2
16	16	HOUSE DOCKET, NO. 3986 FILED ON: 1/17/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 74
18	18	By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 74) of Tackey
19	19	Chan and others relative to the contracting of digital replicas. Advanced Information
20	20	Technology, the Internet and Cybersecurity.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act relative to the contracting of digital replicas.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 214 of the General Laws, as appearing in the 2022 Official
30	30	2Edition, is amended by inserting after section 3A the following new section:-
31	31	3 Section 3A 1/2. (a) For the purpose this section, “digital replica” shall mean a computer-
32	32	4generated, highly realistic electronic representation that is readily identifiable as the voice or
33	33	5visual likeness of a person that is embodied in a sound recording, image, audiovisual work, or
34	34	6transmission in which the actual person either did not actually perform or appear, or the actual
35	35	7person did perform or appear, but the fundamental character of the performance or appearance
36	36	8has been materially altered. “Digital replica” does not include the electronic reproduction, use of
37	37	9a sample of one sound recording or audiovisual work into another, remixing, mastering, or
38	38	10digital remastering of a sound recording or audiovisual work authorized by the copyright holder.
39	39	11 (b) Any contract between any person or owner of the copyright for the performance of
40	40	12personal or professional services is valid only as it relates to a new performance, fixed on or after 2 of 2
41	41	13January 1, 2026, by a digital replica of the person if: (1) it permits the creation and use of a
42	42	14digital replica of the person’s voice or likeness in place of work that would otherwise have
43	43	15performed in person; (2) digital replica rights, and the commercial terms are stated clearly and
44	44	16conspicuously in the contract; and (3) it is reasonably specific in the description of the intended
45	45	17uses of the digital replica; provided, however, failure to include a reasonably specific description
46	46	18of the intended uses of a digital replica shall not render the contract provision unenforceable if
47	47	19the uses are consistent with the terms of the contract for the performance of personal or
48	48	20professional services and the fundamental character of the photography or soundtrack as
49	49	21recorded or performed.
50	50	22 (c) This section shall not apply to persons that are subject to any collective bargaining
51	51	23agreements that cover digital replica use.