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HOUSE DOCKET, NO. 3986 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 74
The Commonwealth of Massachusetts
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PRESENTED BY:
Tackey Chan
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the contracting of digital replicas.
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PETITION OF:
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
HOUSE DOCKET, NO. 3986 FILED ON: 1/17/2025
HOUSE . . . . . . . . . . . . . . . No. 74
By Representative Chan of Quincy, a petition (accompanied by bill, House, No. 74) of Tackey
Chan and others relative to the contracting of digital replicas. Advanced Information
Technology, the Internet and Cybersecurity.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act relative to the contracting of digital replicas.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 214 of the General Laws, as appearing in the 2022 Official
2Edition, is amended by inserting after section 3A the following new section:-
3 Section 3A 1/2. (a) For the purpose this section, “digital replica” shall mean a computer-
4generated, highly realistic electronic representation that is readily identifiable as the voice or
5visual likeness of a person that is embodied in a sound recording, image, audiovisual work, or
6transmission in which the actual person either did not actually perform or appear, or the actual
7person did perform or appear, but the fundamental character of the performance or appearance
8has been materially altered. “Digital replica” does not include the electronic reproduction, use of
9a sample of one sound recording or audiovisual work into another, remixing, mastering, or
10digital remastering of a sound recording or audiovisual work authorized by the copyright holder.
11 (b) Any contract between any person or owner of the copyright for the performance of
12personal or professional services is valid only as it relates to a new performance, fixed on or after 2 of 2
13January 1, 2026, by a digital replica of the person if: (1) it permits the creation and use of a
14digital replica of the person’s voice or likeness in place of work that would otherwise have
15performed in person; (2) digital replica rights, and the commercial terms are stated clearly and
16conspicuously in the contract; and (3) it is reasonably specific in the description of the intended
17uses of the digital replica; provided, however, failure to include a reasonably specific description
18of the intended uses of a digital replica shall not render the contract provision unenforceable if
19the uses are consistent with the terms of the contract for the performance of personal or
20professional services and the fundamental character of the photography or soundtrack as
21recorded or performed.
22 (c) This section shall not apply to persons that are subject to any collective bargaining
23agreements that cover digital replica use.