EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1407*
HOUSE BILL 1407
I4 5lr3338
By: Delegates Amprey and Boafo
Introduced and read first time: February 7, 2025
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Commercial Law – Voice and Visual Likeness – Digital Replication Rights 2
(Nurture Originals, Foster Art, and Keep Entertainment Safe Act – NO FAKES 3
Act) 4
FOR the purpose of establishing that each individual and a certain right holder have the 5
right to authorize the use of the voice or visual likeness of the individual in a digital 6
replica; providing that the right does not expire on the death of the individual and is 7
transferable or licensable in a certain manner; providing that the right terminates 8
after a certain period of time; requiring an online service to designate an agent to 9
receive a certain notification alleging a violation of this Act; requiring the Secretary 10
of State to maintain and make available certain information that the Secretary of 11
State receives from certain parties; providing that a person shall be civilly liable for 12
engaging in certain conduct in violation of this Act; providing that a person may not 13
be held civilly liable under certain circumstances; providing that an online service 14
may restore removed material under certain circumstances; and generally relating 15
to a right to the use of an individual’s voice or visual likeness in a digital replica. 16
BY adding to 17
Article – Commercial Law 18
Section 11–1701 through 11–1707 to be under the new subtitle “Subtitle 17. Rights 19
in Digital Replicas” 20
Annotated Code of Maryland 21
(2013 Replacement Volume and 2024 Supplement) 22
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 23
That the Laws of Maryland read as follows: 24
Article – Commercial Law 25
SUBTITLE 17. RIGHTS IN DIGITAL REPLICAS. 26 2 HOUSE BILL 1407
11–1701. 1
(A) IN THIS SUBTITLE THE FOLLOWI NG WORDS HAVE THE ME ANINGS 2
INDICATED. 3
(B) “DIGITAL REPLICA ” MEANS A NEWLY CREATE D, 4
COMPUTER –GENERATED , HIGHLY REALISTIC ELE CTRONIC REPRESENTATI ON THAT 5
IS READILY IDENTIFIA BLE AS THE VOICE OR VISUAL LIKENESS OF AN INDIVIDUAL 6
THAT: 7
(1) IS EMBODIED IN A SOUN D RECORDING , AN IMAGE, AN 8
AUDIOVISUAL WORK , INCLUDING AN AUDIOVI SUAL WORK THAT DO ES NOT HAVE ANY 9
ACCOMPANYING SOUNDS , OR A TRANSMISSION : 10
(I) IN WHICH THE ACTUAL I NDIVIDUAL DID NOT AC TUALLY 11
PERFORM OR APPEAR ; OR 12
(II) THAT IS A VERSION OF A SOUND RECORDING , AN IMAGE, AN 13
AUDIOVISUAL WORK , OR A TRANSMISSION IN WHICH THE ACTUAL INDIVIDUAL DID 14
PERFORM OR APPEAR , BUT THE FUNDAMENTAL CHARACTER OF THE PERFORMANCE 15
OR APPEARANCE HAS BE EN MATERIALLY ALTERE D; AND 16
(2) DOES NOT INCLUDE , WHEN AUTHORIZED BY T HE COPYRIGHT 17
HOLDER: 18
(I) THE ELECTRONIC REPRODUCT ION OF A SOUND RECORDING 19
OR AN AUDIOVISUAL WORK ; 20
(II) THE USE OF A SAMPLE OF O NE SOUND RECORDING OR 21
AUDIOVISUAL WORK WITHIN ANOTHER SOUND RECORDING OR A UDIOVISUAL WORK ; 22
OR 23
(III) THE REMIXING, MASTERING, OR DIGITAL REMASTERI NG OF 24
A SOUND RECORDING OR AN AUDIOVISUAL WORK. 25
(C) “INDIVIDUAL” MEANS A HUMAN BEING , LIVING OR DEAD. 26
(D) (1) “ONLINE SERVICE” MEANS: 27
(I) A PUBLIC–FACING WEBSITE , AN ONLINE APPLICATION , A 28
MOBILE APPLICATION , OR A VIRTUAL REALITY ENVI RONMENT THAT 29
PREDOMINANTLY PROVID ES A COMMUNITY FORUM FOR USER –GENERATED 30 HOUSE BILL 1407 3
CONTENT, SUCH AS SHARING VIDE OS, IMAGES, GAMES, AUDIO FILES, OR OTHER 1
MATERIAL; OR 2
(II) A DIGITAL MUSIC PROVID ER, AS DEFINED IN 17 U.S.C. § 3
115(E). 4
(2) “ONLINE SERVICE ” INCLUDES A SOCIAL ME DIA SERVICE, A 5
SOCIAL NETWORK , OR AN APPLICATION S TORE. 6
(3) “ONLINE SERVICE ” DOES NOT INCLUDE A SERVICE BY WIRE OR 7
RADIO THAT PROVIDES THE CAPABILITY TO TR ANSMIT DATA TO AND RECEI VE DATA 8
FROM ALL, OR SUBSTANTIALLY ALL , INTERNET ENDPOINTS, INCLUDING ANY 9
CAPABILITIES THAT AR E INCIDENTAL TO ENAB LE THE OPERATION OF THE 10
COMMUNICATIONS SERVI CE OF: 11
(I) A PROVIDER OF ONLINE S ERVICES OR NETWORK A CCESS; 12
OR 13
(II) THE OPERATOR OF FACIL ITIES FOR THE SERVICE. 14
(E) “PRODUCTION” MEANS THE CREATION OF A DI GITAL REPLICA. 15
(F) “RIGHT HOLDER ” MEANS THE INDIVIDUAL WHOSE VOICE OR VISUA L 16
LIKENESS IS AT ISSUE WITH RESPECT TO A DI GITAL REPLICA OR ANY PERSON WHO 17
HAS ACQUIRED , THROUGH A LICENSE , INHERITANCE , OR OTHERWISE , THE RIGHT TO 18
AUTHORIZE THE USE OF THE VOICE OR VISUAL LIKE NESS IN A DIGITAL REPLICA . 19
(G) “SOUND RECORDING ARTIS T” MEANS AN INDIVIDUAL WHO CREATES OR 20
PERFORMS IN SOUND RE CORDINGS FOR ECONOMI C GAIN OR FOR THE LI VELIHOOD 21
OF THE INDIVIDUAL . 22
11–1702. 23
(A) (1) SUBJECT TO THE LIMITATIONS OF THIS S UBTITLE, EACH 24
INDIVIDUAL OR RIGHT HOLDER SHAL L HAVE THE RIGHT TO AUTHORIZE THE USE OF 25
THE VOICE OR VISUAL LIKENESS OF THE INDI VIDUAL IN A DIGITAL REPLICA. 26
(2) THE RIGHT IS: 27
(I) A PROPERTY RIGHT ; 28
(II) NOT ASSIGNABLE DURING THE LIFE OF THE INDI VIDUAL; 29
AND 30 4 HOUSE BILL 1407
(III) LICENSABLE, IN WHOLE OR IN PART , EXCLUSIVELY OR 1
NONEXCLUSIVELY, BY THE RIGHT HOLDER . 2
(3) THE RIGHT DOES NOT EX PIRE ON THE DEATH OF THE INDIVIDUAL 3
REGARDLESS OF WHETHER THE RIGHT IS COMMERCIALLY EXPLOIT ED BY THE 4
INDIVIDUAL DURING TH E INDIVIDUAL’S LIFETIME. 5
(B) ON THE DEATH OF AN INDIVIDUAL: 6
(1) THE RIGHT PROVIDED UNDER THIS SECTION MAY BE 7
TRANSFERRED AND LICENSED, IN WHOLE OR IN PART , BY THE EXECUTORS , HEIRS, 8
ASSIGNS, LICENSEES, OR DEVISEES OF THE I NDIVIDUAL; AND 9
(2) OWNERSHIP OF THE RIGH T MAY BE: 10
(I) TRANSFERRED , IN WHOLE OR IN PART , BY ANY MEANS OF 11
CONVEYANCE OR BY OPERATION OF L AW; OR 12
(II) BEQUEATHED BY WILL OR PASS AS PERSONAL PRO PERTY BY 13
THE APPLICABLE LAWS OF I NTESTATE SUCCESSION . 14
(C) (1) THE RIGHT PROVIDED UNDER THIS SECTION IS EXCLUSIVE TO: 15
(I) SUBJECT TO THE LICENSING OF THE RIGHT DURING THE 16
LIFETIME OF TH E INDIVIDUAL IN ACCORDANCE WITH § 11–1703 OF THIS SUBTITLE, 17
THE INDIVIDUAL ; AND 18
(II) THE RIGHT HOLDER : 19
1. FOR A PERIOD OF 10 YEARS AFTER THE DEAT H OF 20
THE INDIVIDUAL ; AND 21
2. IF THE RIGHT HOLDER D EMONSTRATES ACTIVE AND 22
AUTHORIZED PUBLIC US E OF THE VOICE OR VI SUAL LIKENESS OF THE INDIVIDUAL 23
DURING THE 2–YEAR PERIOD IMMEDIATELY PRECEDING THE EXPIRA TION OF THE 24
10–YEAR PERIOD DESCRIBED IN ITEM 1 OF THIS ITEM, SUBJECT TO PARAGRAPH (2) 25
OF THIS SUBSECTION , FOR AN ADDITIONAL 5–YEAR PERIOD. 26
(2) THE RIGHT HOLDER DESCRIBED UNDER PARAGRAPH (1)(II) OF 27
THIS SUBSECTION MAY CONTINUE TO RENE W THE RIGHT FOR ADDI TIONAL 5–YEAR 28
INCREMENTS IF THE RIGHT HOLDER CAN DEMONSTRATE AUTH ORIZED PUBLIC USE 29
OF THE VOICE OR VISU AL LIKENESS OF THE I NDIVIDUAL DURING THE 2–YEAR 30 HOUSE BILL 1407 5
PERIOD IMMEDIATELY PRECEDING THE EXPIRA TION OF EACH ADDITIO NAL 5–YEAR 1
PERIOD. 2
(D) THE RIGHT PROVIDED UNDER THIS SECTION SHALL TERMINATE ON T HE 3
DATE THAT IS THE EAR LIER OF: 4
(1) THE DATE ON WHICH THE 10–YEAR PERIOD OR ADDITIONAL 5
5–YEAR PERIOD DESCRIBE D IN SUBSECTION (C) OF THIS SECTION TERMINATES 6
WITHOUT RENEWAL ; OR 7
(2) THE DATE THAT IS 70 YEARS AFTER THE DEATH OF THE 8
INDIVIDUAL DESCRIBED IN SUBSECT ION (B) OF THIS SECTION. 9
11–1703. 10
(A) A LICENSE DESCRIBED IN § 11–1702(A)(2)(III) OF THIS SUBTITLE SHALL 11
BE VALID: 12
(1) WHILE THE INDIVIDUAL DESCRIBED IN § 11–1702(A) OF THIS 13
SUBTITLE IS LIVING AND ONLY TO THE EXTENT T HAT THE LICENSE DURA TION DOES 14
NOT EXCEED 10 YEARS; AND 15
(2) ONLY IF THE LICENSE A GREEMENT: 16
(I) IS IN WRITING AND SIG NED BY THE INDIVIDUA L OR AN 17
AUTHORIZED REPRESENT ATIVE OF THE INDIVIDUAL ; AND 18
(II) INCLUDES A REASONABLY SPECIFIC DESCRIPTION OF THE 19
INTENDED USES OF THE APPLICABLE DIGITAL R EPLICA. 20
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , A LICENSE 21
DESCRIBED IN § 11–1702(A)(2)(III) OF THIS SUBTITLE INVOLVING A LIVING MINOR 22
IS VALID ONLY IF: 23
(I) THE LICENSE DURATION DOE S NOT EXCEED 5 YEARS; 24
(II) THE LICENSE AGREEMENT : 25
1. IS IN WRITING AND SIG NED BY THE INDIVIDUA L OR AN 26
AUTHORIZED REPRESENT ATIVE OF THE INDIVID UAL; AND 27
2. INCLUDES A REASONABLY SPECIFIC DESCRIPTION OF 28
THE INTENDED USES OF THE DIGITAL REPLICA ; AND 29 6 HOUSE BILL 1407
(III) A COURT APPROVES THE L ICENSE IN ANY MANNER 1
REQUIRED BY LAW , AS APPLICABLE. 2
(2) NOTWITHSTANDING PARAG RAPH (1) OF THIS SUBSECTION , A 3
LICENSE FOR A MINOR SHALL TERMINATE WHEN THE INDIVIDUAL REACH ES 18 4
YEARS OF AGE. 5
(C) THE PROVISIONS OF SUB SECTIONS (A) AND (B) OF THIS SECTION MAY 6
NOT BE CONSTRUED TO : 7
(1) APPLY IF A LICENSE IS GOVERNED BY A COLLECTIVE BARG AINING 8
AGREEMENT THAT ADDRE SSES DIGITAL REPLICA S; 9
(2) AFFECT THE TERMS AND CONDITIONS OF A LICE NSE OR RELATED 10
CONTRACT OTHER THAN THOSE DESCRIBED UNDER THIS SECTION; OR 11
(3) AFFECT A FUTURE INTEREST IN A LICENSE OR RELATED 12
CONTRACT AFTER THE LICENSE HA S EXPIRED. 13
(D) A POSTMORTEM TRANSFER OR LICENSE AS DESCRI BED IN § 14
11–1702(B) OF THIS SUBTITLE SHALL BE VALID ONLY IF THE TRANSFER AGRE EMENT 15
OR LICENSE AGREEMENT IS IN WRITING AND SI GNED BY THE RIGHT HO LDER OR AN 16
AUTHORIZED REPRESENT ATIVE OF THE RIGHT H OLDER. 17
(E) A DIGITAL REPLICA MAY CONTINUE TO BE UTILI ZED IN A MANNER 18
CONSISTENT WITH THE TERMS OF A LICENSE A FTER THE EXPIRATION OR 19
TERMINATION OF THE L ICENSE IF: 20
(1) THE DIGITAL REPLICA I S EMBODIED IN A SOUN D RECORDING , AN 21
IMAGE, AN AUDIOVISUAL WORK , INCLUDING AN A UDIOVISUAL WORK THAT DOES NOT 22
HAVE ANY ACCOMPANYIN G SOUNDS, OR A TRANSMISSION ; AND 23
(2) THE DIGITAL REPLICA I S AUTHORIZED UNDER T HE TERMS OF THE 24
LICENSE TO CONTINUE TO BE USED AFTER THE LICENSE EXPIRES OR T ERMINATES. 25
11–1704. 26
(A) THE RENEWAL OF A POS TMORTEM RIGHT UNDER § 11–1702(B)(2)(II) OF 27
THIS SUBTITLE SHALL BE EFFECTIVE I F, DURING THE APPLICABL E 2–YEAR 28
RENEWAL PERIOD SPECI FIED UNDER § 11–1702(C) OF THIS SUBTITLE, THE RIGHT 29
HOLDER FILES A NOTIC E WITH THE SECRETARY OF STATE THAT COMPLIES WITH 30 HOUSE BILL 1407 7
THE REQUIREMENTS REGARDI NG FORM AND FILING P ROCEDURES AS THE 1
SECRETARY OF STATE MAY PRESCRIBE BY R EGULATION AND THAT C ONTAINS: 2
(1) THE NAME OF THE DECEA SED INDIVIDUAL; 3
(2) A STATEMENT, UNDER PENALTY OF PER JURY, THAT THE RIGHT 4
HOLDER HAS ENGAGED I N ACTIVE AND AUTHORIZED USE O F THE VOICE OR VISUA L 5
LIKENESS DURING THE APPLICABLE 2–YEAR PERIOD; 6
(3) THE IDENTITY OF AND C ONTACT INFORMATION F OR THE RIGHT 7
HOLDER; AND 8
(4) ANY OTHER INFORMATION TH E SECRETARY OF STATE REQUIRES. 9
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 10
SECRETARY OF STATE: 11
(I) SHALL MAINTAIN A N UP–TO–DATE DIRECTORY OF 12
POSTMORTEM DIGITAL R EPLICATION RIGHTS RE GISTERED UNDER THIS SECTION; 13
(II) SHALL MAKE THE DIRECT ORY DESCRIBED IN ITEM (I) OF 14
THIS PARAGRAPH AVAILABLE TO TH E PUBLIC FOR INSPECT ION ONLINE; AND 15
(III) MAY CHARGE A REASONAB LE FILING FEE TO A RIGHT 16
HOLDER WHO FILES IN ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION. 17
(2) THE FILING FEE CHARGED BY THE SECRETARY OF STATE UNDER 18
PARAGRAPH (1)(III) OF THIS SUBSECTION S HALL BE BASED ON THE COSTS OF 19
MAINTAINING THE DIRECTORY . 20
11–1705. 21
(A) A PERSON SHALL BE LIAB LE IN AN ACTION BROUGHT UNDER § 11–1707 22
OF THIS SUBTITLE IF THE PERSON: 23
(1) PRODUCES A DIGITAL REPLICA WI THOUT CONSENT OF THE 24
APPLICABLE RIGHT HOL DER; OR 25
(2) PUBLISHES, REPRODUCES , DISPLAYS, DISTRIBUTES, TRANSMITS, 26
OR OTHERWISE MAKES AVAILABLE TO THE PUB LIC A DIGITAL REPLICA WITHOUT 27
CONSENT OF THE APPLI CABLE RIGHT HOLDER . 28
8 HOUSE BILL 1407
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , TO INCUR 1
LIABILITY UNDER THIS SECTION, A PERSON ENGAGING IN AN ACTIVITY DESCRIBED 2
UNDER SUBSECTION (A) OF THIS SECTION MUST HAVE ACTUAL KNOWLEDGE OR 3
HAVE WILLFULLY ACTED IN A MANNER TO AVOID ANY KNOWLEDGE THAT : 4
(I) THE APPLICABLE MATERI AL IS A DIGITAL REPL ICA; AND 5
(II) THE DIGITAL REPLICA W AS NOT AUTHORIZED BY THE 6
APPLICABLE RIGHT HOL DER. 7
(2) FOR PURPOSES OF PARAG RAPH (1) OF THIS SUBSECTION , ACTUAL 8
KNOWLEDGE CAN BE EST ABLISHED THROUGH A N OTIFICATION THAT SATISFIES THE 9
REQUIREMENTS UNDER § 11–1706(F) OF THIS SUBTITLE. 10
(C) EXCEPT AS PROVIDED IN SUBSECTION (D) OF THIS SECTION, IT IS NOT A 11
VIOLATION OF SUBSECT ION (A) OF THIS SECTION IF: 12
(1) (I) THE APPLICABLE DIGITA L REPLICA IS PRODUCE D OR USED 13
IN A BONA FIDE NEWS, PUBLIC AFFAIRS, OR SPORTS BROADCAST OR ACCOUNT; AND 14
(II) THE DIGITAL REPLICA I S THE SUBJECT OF , OR IS 15
MATERIALLY RELEVANT TO, THE SUBJECT OF THE BROADCAST OR ACCOUNT ; 16
(2) THE APPLICABLE DIGITA L REPLICA IS A REPRE SENTATION OF 17
THE APPLICABL E INDIVIDUAL AS THE INDIVIDUAL IN A DOCU MENTARY OR IN A 18
HISTORICAL OR BIO GRAPHICAL MANNER , INCLUDING SOME DEGREE OF 19
FICTIONALIZATION , UNLESS: 20
(I) THE PRODUCTION OR USE OF THE DIGITAL REPLICA 21
CREATES THE FALSE IM PRESSION TH E WORK IS AN AUTHENTIC SOUND RECORDING , 22
IMAGE, TRANSMISSION , OR AUDIOVISUAL WORK IN WHICH THE INDIVID UAL 23
PARTICIPATED ; OR 24
(II) THE DIGITAL REPLICA I S EMBODIED IN A MUSI CAL SOUND 25
RECORDING THAT IS SY NCHRONIZED TO ACCOMP ANY A MOTION PICTURE OR OTHER 26
AUDIOVISUAL WORK , EXCEPT TO THE EXTENT THAT THE USE OF THAT DIGITAL 27
REPLICA IS PROTECTED BY THE FIRST AMENDMENT TO THE U.S. CONSTITUTIO N OR 28
ARTICLE 40 OF THE MARYLAND DECLARATION OF RIGHTS; 29
(3) THE APPLICABLE DIGITA L REPLICA IS PRODUCE D OR USED 30
CONSISTENT WITH THE PUBLIC INTEREST IN B ONA FIDE COMMENTARY , CRITICISM, 31
SCHOLARSHIP , SATIRE, OR PARODY; 32
HOUSE BILL 1407 9
(4) THE USE OF THE APPLIC ABLE DIGITAL REPLICA IS FLEETI NG OR 1
NEGLIGIBLE; OR 2
(5) THE APPLICABLE DIGITA L REPLICA IS USED IN AN 3
ADVERTISEMENT OR COM MERCIAL ANNOUNCEMENT FOR A PURPOSE DESCRI BED IN 4
ITEMS (1) THROUGH (4) OF THIS SUBSECTION AND THE APPLICABLE D IGITAL 5
REPLICA IS RELEVANT TO THE SUBJECT OF THE WORK BEING ADVERTISED OR 6
ANNOUNCE D. 7
(D) SUBSECTION (C) OF THIS SECTION DOES NOT APPLY IF THE APPLICABLE 8
DIGITAL REPLICA IS U SED TO DEPICT SEXUAL LY EXPLICIT CONDUCT , AS DEFINED IN 9
18 U.S.C. § 2256(2)(A). 10
11–1706. 11
(A) SUBJECT TO SUBSECTION (D) OF THIS SECTION, A PERSON MAY NOT BE 12
SECONDARILY LIABLE FOR A VIOLATION UNDER THIS SUBTITLE FOR 13
MANUFACTURING , IMPORTING, OFFERING TO THE PUBL IC, PROVIDING, OR 14
OTHERWISE DISTRIBUTI NG A PRODUCT OR SERV ICE UNLESS THE PRODU CT OR 15
SERVICE: 16
(1) IS PRIMARILY DESIGNED TO PRODUCE ONE OR MORE 17
UNAUTHORIZED DIGITAL REPLICAS; 18
(2) HAS ONLY LIMITED COMM ERCIALLY SIGNIFICANT PURPOSE OR 19
USE OTHER THAN TO PR ODUCE AN UNAUTHORIZE D DIGITAL REPLICA ; OR 20
(3) IS MARKETED, ADVERTISED, OR OTHERWISE PROMOTE D BY THAT 21
PERSON OR ANOTHER AC TING IN CONCERT WITH THAT PERSON WITH THA T 22
PERSON’S KNOWLEDGE FOR USE IN PRODUCING AN UNAU THORIZED DIGITAL 23
REPLICA. 24
(B) SUBJECT TO SUBSECTION (D) OF THIS SECTION , AN ONLINE SERVICE 25
MAY NOT BE HELD LIABLE FOR A VIOLATION UNDER THIS SUBTITLE FOR REFERRING 26
OR LINKING A USER TO AN UNAUTHORIZED DIGI TAL REPLICA, OR BY CARRYING OUT 27
AN ACTIVITY DESCRIBE D IN SUBSECTION (F) OF THIS SECTION , IF THE ONLINE 28
SERVICE REMOVES OR D ISABLES ACCESS TO TH E MATERIAL THAT IS C LAIMED TO BE 29
AN UNAUTHORIZED DIGITAL REPLICA AS SOON AS I S TECHNICALLY AND 30
PRACTICALLY FEASIBLE FOR THE ONLINE SERVICE . 31
(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION , AN ONLINE SERVICE 32
MAY NOT BE HELD LIABLE FOR A VIOLATION UNDER THIS SUBTITLE FOR STORING 33
THIRD–PARTY–PROVIDED MATERIAL TH AT RESIDES ON A SYST EM OR NETWORK 34 10 HOUSE BILL 1407
CONTROLLED OR OPERAT ED BY OR FOR THE ONL INE SERVICE IF, AFTER RECEIVING 1
A NOTIFICATION THAT SATISFIES SUBSECTION (F) OF THIS SECTION , THE ONLINE 2
SERVICE: 3
(1) REMOVES OR DISABLES A CCESS TO ALL INSTANC ES OF THE 4
MATERIAL, OR AN ACTIVITY USING THE MATERIAL , THAT IS CLAIMED TO B E AN 5
UNAUTHORIZED DIGITAL REPLICA AS S OON AS IS TECHNICALL Y AND PRACTICALLY 6
FEASIBLE FOR TH E ONLINE SERVICE ; AND 7
(2) AFTER REMOVING OR DIS ABLING ACCESS , TAKES REASONABLE 8
STEPS TO PROMPTLY NOTIFY THE THIRD PARTY THAT PROVIDED THE MATERIAL 9
THAT THE ONLINE SERV ICE HAS REMOVED OR D ISABLED ACCESS TO TH E MATERIAL. 10
(D) THE LIMITATIONS ON LI ABILITY ESTABLISHED UNDER TH IS SECTION 11
APPLY TO AN ONLINE SERVICE ONLY IF THE ONLINE SERVICE : 12
(1) HAS DESIGNATED AN AGE NT TO RECEIVE NOTIFI CATIONS UNDER 13
SUBSECTION (F) OF THIS SECTION; AND 14
(2) PROVIDES TO THE SECRETARY OF STATE AND MAKES AVAILABLE 15
THROUGH THE ONLINE S ERVICE, INCLUDING ON THE WEB SITE OF THE ONLINE 16
SERVICE IN A LOCATIO N ACCESSIBLE TO THE PUBLIC, THE FOLLOWING 17
INFORMATION : 18
(I) THE NAME, ADDRESS, TELEPHONE NUMBER , AND E–MAIL 19
ADDRESS OF THE AGENT ; AND 20
(II) ANY OTHER CONTACT INFORMATION TH AT THE SECRETARY 21
OF STATE DETERMINE S APPROPRIATE . 22
(E) THE SECRETARY OF STATE: 23
(1) SHALL MAINTAIN A CURR ENT DIRECTORY OF DES IGNATED 24
AGENTS FOR THE PURPO SES OF THIS SECTION ; 25
(2) SHALL MAKE THE DIRECT ORY DESCRIBED IN ITEM (1) OF THIS 26
SUBSECTION AVAILABLE TO THE PUB LIC FOR INSPECTION , INCLUDING THROUGH 27
THE INTERNET; AND 28
(3) MAY REQUIRE PAYMENT O F A REASONABLE FEE B Y ONLINE 29
SERVICES TO COVER TH E COSTS OF MAINTAINI NG THE DIRECTORY ESTABLISHED 30
UNDER THIS SUBSECTIO N. 31
HOUSE BILL 1407 11
(F) (1) A NOTIFICATION TO AN ONLINE SERVICE ALLEGING A VIOLATION 1
OF THE RIGHT DESCRIB ED IN § 11–1702 OF THIS SUBTITLE SHALL BE A WRITTEN 2
COMMUNICATION PROVID ED TO THE DESIGNATED AGENT OF AN ONLINE S ERVICE 3
THAT INCLUDES : 4
(I) A PHYSICAL OR ELECTRON IC SIGNATURE OF THE RIGHT 5
HOLDER, A PERSON AUTHORIZED TO ACT ON BEHALF OF THE RIGHT HOLDER , OR AN 6
ELIGIBLE PLAINTIFF U NDER § 11–1707(B) OF THIS SUBTITLE; 7
(II) IDENTIFICATION OF THE INDIVIDUAL WHOSE VOICE OR 8
VISUAL LIKENESS IS B EING USED IN AN UNAU THORIZED DIGITAL REP LICA; 9
(III) IDENTIFICATION OF THE MATERIAL CONTAINING AN 10
UNAUTHORIZED DIGITAL REPLICA , INCLUDING INFORMATIO N SUFFICIENT TO 11
ALLOW THE ONLINE SER VICE TO LOCATE THE A LLEGEDLY UNAUTHORIZE D DIGITAL 12
REPLICA; 13
(IV) INFORMATION REASONABL Y SUFFICIENT TO ENABLE THE 14
ONLINE SERVICE TO CO NTACT THE NOTIFYING PARTY, SUCH AS AN ADDRESS , 15
TELEPHONE NUMBER , AND E–MAIL ADDRESS ; 16
(V) IF THE NOTIFICATION IS NOT PROVIDED BY THE RIGHT 17
HOLDER OR AN ELIGIBL E PLAINTIFF UNDER § 11–1707(B) OF THIS SUBTITLE, A 18
STATEMENT TH AT THE NOTIFYING PAR TY BELIEVES IN GOOD FAITH THAT THE 19
MATERIAL IS AN UNAUT HORIZED USE OF A DIG ITAL REPLICA; AND 20
(VI) FOR PURPOSES OF SUBSE CTION (B) OF THIS SECTION , 21
INFORMATION SUFFICIEN T TO: 22
1. IDENTIFY THE REFERENC E OR LINK TO THE 23
MATERIAL OR ACTIVITY CLAIMED TO BE AN UNAUTHORIZED DIGITAL REPLICA THAT 24
IS TO BE REMOVED OR TO WHICH ACCESS IS T O BE DISABLED; AND 25
2. ENABLE THE ONLINE SERVICE T O LOCATE THE 26
REFERENCE O R LINK DESCRIBED IN ITEM 1 OF THIS ITEM. 27
(2) IN A NOTIFICATION TO A DESIGNATED AGENT U NDER PARAGRAPH 28
(1) OF THIS SUBSECTION , A PERSON MAY NOT KNOWINGLY AND MATERIALLY 29
MISREPRESENT THAT: 30
(I) THE MATERIAL REQUESTE D TO BE REMOVED IS A N 31
UNAUTHORIZED DIGITAL REPLICA; 32
12 HOUSE BILL 1407
(II) A PERSON HAS THE AUTHO RITY TO ACT ON BEHAL F OF THE 1
RIGHT HOLDER ; OR 2
(III) A DIGITAL REPLICA IS N OT AUTHORIZED BY THE RIGHT 3
HOLDER OR BY OTHER L AW. 4
(3) A PERSON THAT VIOLATES PARAGRAPH (2) OF THIS SUBSECTION 5
SHALL BE LIABLE FOR DAMAGES IN AN AMOUNT EQ UAL TO THE GREATER O F: 6
(I) $5,000; OR 7
(II) 1. ACTUAL DAMAGES , INCLUDING HARM TO AN ONLINE 8
SERVICE CAUSED BY THE RELIANCE OF T HE ONLINE SERVICE ON THE 9
MISREPRESENTATION IN REMOVING OR DISABLIN G ACCESS TO THE MATE RIAL OR 10
ACTIVITY CLAIMED TO BE AN UNAUTHORIZE D DIGITAL REPLICA ; AND 11
2. COSTS AND ATTORNEY ’S FEES. 12
11–1707. 13
(A) IN THIS SECTION , “VIOLATION” MEANS EACH DISPLAY , COPY MADE, 14
TRANSMISSION , AND INSTANCE OF THE UNAUTHORIZED DIGITAL REPLICA BEING 15
OTHERWISE MADE AVAIL ABLE ON AN ONLINE SERVICE , UNLESS THE ONLINE 16
SERVICE HAS TAKEN RE ASONABLE STEPS TO RE MOVE, OR DISABLE ACCESS TO , THE 17
UNAUTHORIZED DIGITAL REPLICA AS S OON AS IS TECHNICALL Y AND PRACTICALLY 18
FEASIBLE FOR THE ONL INE SERVICE AFTER ACQUIRING KNOWLEDGE IN 19
ACCORDANCE WITH § 11–1705(B) OF THIS SUBTITLE. 20
(B) AN ACTION FOR A VIOLATI ON OF THIS SUBTITLE MAY BE BROUGHT BY : 21
(1) A RIGHT HOLDER ; 22
(2) IF THE INDIVIDUAL IS A MINOR, A PARENT OR GUARDIAN OF THE 23
INDIVIDUAL; 24
(3) ANY OTHER PERSON THAT OWNS OR CONTROLS THE RIGHT TO 25
AUTHORIZE THE USE OF THE VOICE OR VISU AL LIKENESS OF A DECEASED 26
INDIVIDUAL; OR 27
(4) IN THE CASE OF A DIGI TAL REPLICA INVOLVIN G A SOUND 28
RECORDING ARTIST , A PERSON THAT HAS , DIRECTLY OR INDIRECT LY, ENTERED 29
INTO: 30
HOUSE BILL 1407 13
(I) A CONTRACT FOR THE EXCLUSIVE PE RSONAL SERVICES OF 1
THE SOUND RECORDING ARTIST; OR 2
(II) AN EXCLUSIVE LICENSE TO DISTRIBUTE OR TRA NSMIT ONE 3
OR MORE WORKS THAT C APTURE THE AUDIO PER FORMANCE OF THE SOUN D 4
RECORDING ARTIST . 5
(C) AN ACTION MAY NOT BE BR OUGHT UNDER THIS SEC TION UNLESS THE 6
ACTION IS COMMENCED NOT LATER THAN 3 YEARS AFTER THE DATE ON WHICH THE 7
PARTY SEEKING TO BRI NG THE ACTION DISCOV ERED, OR WITH DUE DILIGENC E 8
SHOULD HAVE DISCOVER ED, THE APPLICABLE VIOLA TION. 9
(D) IT IS NOT A DEFENSE IN A N ACTION BROUGHT UNDER THIS SECTION 10
THAT THE DEFENDANT D ISPLAYED OR OTHERWIS E COMMUNICATED TO TH E PUBLIC 11
A DISCLAIMER: 12
(1) STATING THAT THE APPL ICABLE DIGITAL REPLI CA WAS 13
UNAUTHORIZED; OR 14
(2) DISCLOSING THAT THE D IGITAL REPLICA WAS GENERATED 15
THROUGH THE USE OF A RTIFICIAL INTELLIGEN CE OR OTHER TECHNOLO GY. 16
(E) SUBJECT TO SUBSECTION (G) OF THIS SECTION, IN AN ACTION BROUGHT 17
UNDER THIS SECTION : 18
(1) AN INDIVIDUAL OR ENTI TY THAT ENGAGES IN A CTIVITY 19
DESCRIBED IN § 11–1705(A) OF THIS SUBTITLE SHALL BE LIABLE TO T HE INJURED 20
PARTY IN AN AMOUNT E QUAL TO THE GREATER OF: 21
(I) 1. IN THE CASE OF AN INDIVIDUAL, $5,000 PER WORK 22
EMBODYING THE APPLIC ABLE UNAUTHORIZED DI GITAL REPLICA; 23
2. IN THE CASE OF AN ENT ITY THAT IS AN ONLIN E 24
SERVICE, $5,000 PER VIOLATION; OR 25
3. IN THE CASE OF AN ENT ITY THAT IS NOT AN O NLINE 26
SERVICE, $25,000 PER WORK EMBODYING THE APPLICABLE UNAUT HORIZED 27
DIGITAL REPLICA ; OR 28
(II) ANY ACTUAL DAMAGES SUFFERED BY THE INJU RED PARTY 29
AS A RESULT OF THE A CTIVITY, PLUS ANY PROFITS FRO M THE UNAUTHORIZED U SE 30
THAT ARE ATTRIBUTABL E TO THE USE AND NOT TAKEN IN TO ACCOUNT IN 31
COMPUTING THE ACTUAL DAMAGES; 32 14 HOUSE BILL 1407
(2) THE PLAINTIFF MAY SEE K INJUNCTIVE OR OTHER EQUITABLE 1
RELIEF; 2
(3) IN THE CASE OF WILLFU L ACTIVITY IN WHICH THE INJURED 3
PARTY HAS PROVEN THA T THE DEFENDANT ACTE D WITH MALICE, FRAUD, 4
KNOWLEDGE , OR RECKLESS DISREGARD OF KNOWLEDGE THAT TH E CONDUCT 5
VIOLATED THE LAW , THE COURT MAY AWARD TO THE INJURED PARTY PUNITIVE 6
DAMAGES; AND 7
(4) IF THE PREVAILING PAR TY IS: 8
(I) THE PARTY BRINGING TH E ACTION, THE COURT SHALL 9
AWARD REASONABLE ATT ORNEY’S FEES; OR 10
(II) THE PARTY DEFENDING THE ACTION, THE COURT SHALL 11
AWARD REASONABLE ATT ORNEY’S FEES IF THE COURT DETERMINES THAT THE 12
ACTION WAS NOT BROUG HT IN GOOD FAITH . 13
(F) IF AN ONLINE SERVICE HAS AN OBJECTIVELY R EASONABLE BELIEF 14
THAT MATERIAL THAT I S CLAIMED TO BE AN U NAUTHORIZED DIGITAL REPLICA DOES 15
NOT QUALIFY AS A DIG ITAL REPLICA AS DEFI NED IN § 11–1701 OF THIS SUBTITLE, 16
THE ONLINE SERVICE MAY NOT BE HELD LIABLE FOR STATUTORY OR ACTUAL 17
DAMAGES EXCEEDING $1,000,000, REGARDLESS OF WHETHE R THE MATERIAL IS 18
ULTIMATELY DETERMINE D TO BE AN UNAUTHORI ZED DIGITAL REPLICA . 19
(G) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, IF A THIRD 20
PARTY THAT PROVIDED THE MATERIAL THAT IS REMOVED BY THE ONLINE SERVICE , 21
OR TO WHICH THE ONLI NE SERVICE HAS DISAB LED ACCESS, FILES A LAWSUIT 22
AGAINST THE SENDER OF A NOTIFICATION UNDER § 11–1706(F) OF THIS SUBTITLE 23
CLAIMING THAT THE NOTIFICATION WAS FALSE OR DECEPTI VE AS DESCRIBED IN § 24
11–1706(F)(2) OF THIS SUBTITLE, THE ONLINE SERVICE M AY RESTORE THE 25
REMOVED MATERIAL TO ITS NETWORK FOR A CCESS BY MEMBERS OF THE PUBLIC 26
WITHOUT MONETARY LIA BILITY TO EITHER: 27
(I) THE NOTICE SENDER ; OR 28
(II) THE THIRD PARTY THAT PROVIDED THE MATERIAL THAT 29
THE ONLINE SERVICE H AD REMOVED OR DISABL ED ACCESS TO. 30
(2) AN ONLINE SERVICE MAY RESTORE THE REMOVED MATERIAL IN 31
ACCORDANCE WITH PARA GRAPH (1) OF THIS SUBSECTION ONLY IF A THIRD PARTY 32 HOUSE BILL 1407 15
FILES THE LAWSUIT NOT LATER TH AN 14 DAYS AFTER THE THIRD PARTY RECEIVES 1
NOTICE THAT THE ONLI NE SERVICE HAS REMOV ED THE MATERIAL. 2
SECTION 2. AND BE IT FURTHER ENACTED, That : 3
(1) the right established under § 11–1702(a) of the Commercial Law 4
Article, as enacted by Section 1 of this Act, shall apply to an individual regardless of 5
whether an individual dies before or after the effective date of this Act; but 6
(2) Section 1 of this Act may not be applied or interpreted to establish 7
liability for conduct occurring, or a license or contract executed, before the effective date of 8
this Act. 9
SECTION 3. AND BE IT FURTHER ENACTED, That, if any provision of this Act or 10
the application of any provision of this Act to any person or circumstance is held invalid for 11
any reason in a court of competent jurisdiction, the invalidity does not affect other 12
provisions or any other application of this Act that can be given effect without the invalid 13
provision or application, and for this purpose the provisions of this Act are declared 14
severable. 15
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect 16
October 1, 2025. 17