EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb1025*
SENATE BILL 1025
I4 5lr3623
CF HB 1407
By: Senator Mautz
Introduced and read first time: February 6, 2025
Assigned to: Rules
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 SENATE BILL 1025
11–1701. 1
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 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 A N INDIVIDUAL 6
THAT: 7
(1) IS EMBODIED IN A SOUN D RECORDING , AN IMAGE , AN 8
AUDIOVISUAL WORK , INCLUDING AN AUDIOVI SUAL WORK THAT DOES 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 IND IVIDUAL 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 REPROD UCTION OF A SOUND RE CORDING 19
OR AN AUDIOVISUAL WO RK; 20
(II) THE USE OF A SAMPLE O F ONE SOUND RECORDING OR 21
AUDIOVISUAL WORK WIT HIN ANOTHER SOUND RE CORDING OR AUDIOVISU AL 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 APPLICATIO N, A 28
MOBILE APPLICATION , OR A VIRTUAL REALITY ENVIRONMENT THAT 29
PREDOMINANTLY PROVID ES A COMMUNITY FORUM FOR USER –GENERATED 30 SENATE BILL 1025 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 ST ORE. 6
(3) “ONLINE SERVICE ” DOES NOT INCLUDE A S ERVICE BY WIRE OR 7
RADIO THAT PROVIDES THE CAPABILITY TO TR ANSMIT DATA TO AND R ECEIVE 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 ONLIN E SERVICES OR NETWOR K ACCESS; 12
OR 13
(II) THE OPERATOR OF FACIL ITIES FOR THE SERVIC E. 14
(E) “PRODUCTION” MEANS THE CREATION O F A DIGITAL 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 PE RSON WHO 17
HAS ACQUIRED , THROUGH A LICENSE , INHERITANCE , OR OTHERWISE , THE RIGHT TO 18
AUTHORIZE THE USE OF THE VOICE OR VISUAL LIKENESS IN A DIGITA L REPLICA. 19
(G) “SOUND RECORDING ARTIS T” MEANS AN INDIVIDUAL WHO CREATES OR 20
PERFORMS IN SOUN D RECORDINGS FOR ECO NOMIC GAIN OR FOR TH E LIVELIHOOD 21
OF THE INDIVIDUAL . 22
11–1702. 23
(A) (1) SUBJECT TO THE LIMITA TIONS OF THIS SUBTIT LE, EACH 24
INDIVIDUAL OR RIGHT HOLDER SHALL HAVE TH E RIGHT TO AUTHORIZE THE USE OF 25
THE VOICE OR VISUAL LIKENESS OF THE INDIVIDUAL IN A DIGI TAL 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 SENATE BILL 1025
(III) LICENSABLE, IN WHOLE OR IN PART , EXCLUSIVELY OR 1
NONEXCLUSIVELY , BY THE RIGHT HOLDER . 2
(3) THE RIGHT DOES NOT EXPIRE ON TH E DEATH OF THE INDIV IDUAL 3
REGARDLESS OF WHETHE R THE RIGHT IS COMME RCIALLY EXPLOITED BY THE 4
INDIVIDUAL DURING TH E INDIVIDUAL’S LIFETIME. 5
(B) ON THE DEATH OF AN IN DIVIDUAL: 6
(1) THE RIGHT PROVIDED UN DER 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 OPE RATION OF LAW; OR 12
(II) BEQUEATHED BY WILL OR PASS AS PERSONAL PRO PERTY BY 13
THE APPLICABLE LAWS OF INTESTATE SUCCESS ION. 14
(C) (1) THE RIGHT PROVIDED UN DER THIS SECTION IS EXCLUSIVE TO: 15
(I) SUBJECT TO THE LICENS ING OF THE RIGHT DUR ING THE 16
LIFETIME OF THE INDI VIDUAL 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 A ND 22
AUTHORIZED PUBLIC US E OF THE VOICE OR VI SUAL LIKENESS OF THE INDIVIDUAL 23
DURING THE 2–YEAR PERIOD IMMEDIAT ELY PRECEDING THE EX PIRATION OF THE 24
10–YEAR PERIOD DESCRIBE D 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 DESC RIBED UNDER PARAGRAPH (1)(II) OF 27
THIS SUBSECTION MAY CONTINUE TO RENEW TH E RIGHT FOR ADDITION AL 5–YEAR 28
INCREMENTS IF THE RI GHT HOLDER CAN DEMON STRATE AUTHORIZED PU BLIC USE 29
OF THE VOICE OR VISU AL LIKENESS OF THE I NDIVIDUAL DURING THE 2–YEAR 30 SENATE BILL 1025 5
PERIOD IMMEDIATEL Y PRECEDING THE EXPI RATION OF EACH ADDIT IONAL 5–YEAR 1
PERIOD. 2
(D) THE RIGHT PROVIDED UN DER THIS SECTION SHA LL TERMINATE ON THE 3
DATE THAT IS THE EAR LIER OF: 4
(1) THE DATE ON WHICH THE 10–YEAR PERIOD OR ADDIT IONAL 5
5–YEAR PERIOD DESCRIBE D IN SUBSECTION (C) OF THIS SECTION TERM INATES 6
WITHOUT RENEWAL ; OR 7
(2) THE DATE THAT IS 70 YEARS AFTER THE DEAT H OF THE 8
INDIVIDUAL DESCRIBED IN SUBSECTION (B) OF THIS SECTION. 9
11–1703. 10
(A) A LICENSE DESCRIBED IN § 11–1702(A)(2)(III) OF THIS SUBTITLE SHA LL 11
BE VALID: 12
(1) WHILE THE INDIVIDUAL DESCRIBED IN § 11–1702(A) OF THIS 13
SUBTITLE IS LIVING A ND ONLY TO THE EXTEN T THAT THE LICENSE D URATION 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 INDIVID UAL; 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 INV OLVING A LIVING MINO R 22
IS VALID ONLY IF: 23
(I) THE LICENSE DURATION DOES 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 SENATE BILL 1025
(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 MI NOR SHALL TERMINATE WHEN THE INDIVIDUAL REACHES 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 COLLEC TIVE BARGAINING 8
AGREEMENT THAT ADDRE SSES DIGITAL REPL ICAS; 9
(2) AFFECT THE TERMS AND CONDITIONS OF A LICE NSE OR RELATED 10
CONTRACT OTHER THAN THOSE DESCRIBED UNDE R THIS SECTION; OR 11
(3) AFFECT A FUTURE INTER EST IN A LICENSE OR RELATED 12
CONTRACT AFTER THE L ICENSE HAS EXPIRED . 13
(D) A POSTMORTEM TRANSFER OR LICENSE AS DESCRIBED IN § 14
11–1702(B) OF THIS SUBTITLE SHA LL BE VALID ONLY IF THE TRANSFER AGREEME NT 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 UTILIZED 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 AUDIOVI SUAL 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 USE D AFTER THE LICENSE EXPIRES OR TERMINATE S. 25
11–1704. 26
(A) THE RENEWAL OF A POST MORTEM RIGHT UNDER § 11–1702(B)(2)(II) OF 27
THIS SUBTITLE SHALL BE EFFECTIVE IF , 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 W ITH 30 SENATE BILL 1025 7
THE REQUIREMENTS REG ARDING FORM AND FILI NG PROCEDURES AS THE 1
SECRETARY OF STATE MAY PRESCRIBE B Y REGULATION AND THA T CONTAINS: 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 AUTHORI ZED USE OF THE VOICE OR VISUAL 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 THE SECRETARY OF STATE REQUIRES . 9
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , THE 10
SECRETARY OF STATE: 11
(I) SHALL MAINTAIN AN 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 ITE M (I) OF 14
THIS PARAGRAPH AVAIL ABLE TO THE PUBLIC F OR INSPECTION ONLINE ; AND 15
(III) MAY CHARGE A REASONAB LE FILING FEE TO A R IGHT 16
HOLDER WHO FILES IN ACCORDANCE WITH SUBS ECTION (A) OF THIS SECTION. 17
(2) THE FILING FEE CHARGE D BY THE SECRETARY OF STATE UNDER 18
PARAGRAPH (1)(III) OF THIS SUBSECTION S HALL BE BASED ON THE COSTS OF 19
MAINTAINING THE DIRE CTORY. 20
11–1705. 21
(A) A PERSON SHALL BE LIAB LE IN AN ACTION BROU GHT UNDER § 11–1707 22
OF THIS SUBTITLE IF THE PERSON: 23
(1) PRODUCES A DIGITAL RE PLICA WITHOUT CONSEN T OF THE 24
APPLICABLE RIGHT HOL DER; OR 25
(2) PUBLISHES, REPRODUCES , DISPLAYS, DISTRIBUTES, TRANSMITS, 26
OR OTHERWISE MAKES A VAILABLE TO THE PUBL IC A DIGITAL REPLICA WITHOUT 27
CONSENT OF THE APPLI CABLE RIGHT HOLDER . 28
8 SENATE BILL 1025
(B) (1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION , TO INCUR 1
LIABILITY UNDER THIS SECTION, A PERSON ENGAGING IN AN ACTIVITY DESCRIBE D 2
UNDER SUBSECTION (A) OF THIS SECTION MUST HAVE ACTUAL KNOWLEDG E OR 3
HAVE WILLFULLY ACTED IN A MANNER TO A VOID ANY KNOWLEDGE T HAT: 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 NOTIFICATI ON THAT SATISFIES TH E 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 PRODUCED 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 B ROADCAST OR ACCOUNT ; 16
(2) THE APPLICABLE DIGITA L REPLICA IS A REP RESENTATION OF 17
THE APPLICABLE INDIV IDUAL AS THE INDIVID UAL IN A DOCUMENTARY OR IN A 18
HISTORICAL OR BIOGRA PHICAL MANNER , INCLUDING SOME DEGRE E OF 19
FICTIONALIZATION , UNLESS: 20
(I) THE PRODUCTION OR USE OF THE DIGITAL REPLI CA 21
CREATES THE FALSE IM PRESSION THE 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. CONSTITUTION 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 INTE REST IN BONA FIDE CO MMENTARY , CRITICISM, 31
SCHOLARSHIP , SATIRE, OR PARODY; 32
SENATE BILL 1025 9
(4) THE USE OF THE APPLIC ABLE DIGITAL REPLICA IS FLEETING OR 1
NEGLIGIBLE; OR 2
(5) THE APPLICABLE DIGITA L REPLICA IS USED IN AN 3
ADVERTISEMENT OR COM MERCIAL ANNOUNCEMENT FOR A P URPOSE DESCRIBED IN 4
ITEMS (1) THROUGH (4) OF THIS SUBSECTION A ND THE APPLICABLE DI GITAL 5
REPLICA IS RELEVANT TO THE SUBJECT OF TH E WORK BEING ADVERTI SED OR 6
ANNOUNCED . 7
(D) SUBSECTION (C) OF THIS SECTION DOES NOT APPLY IF THE APP LICABLE 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 F OR 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 MO RE 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 DIGITA L 23
REPLICA. 24
(B) SUBJECT TO SUBSECTION (D) OF THIS SECTION , AN ONLINE SERVICE 25
MAY NOT BE HELD LIAB LE FOR A VIOLATION U NDER THIS SUBTITLE F OR REFERRING 26
OR LINKING A USER TO AN UNAUTHORIZED DIGI TAL REPLICA, OR BY CARRYING OUT 27
AN ACTIVITY DESCRIBE D IN SUBSECT ION (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 DIGI TAL REPLICA AS SOON AS IS TECHNICALLY AN D 30
PRACTICALLY FEASIBLE FOR THE ONLINE SERVI CE. 31
(C) SUBJECT TO SUBSECTION (D) OF THIS SECTION, AN ONLINE SERVICE 32
MAY NOT BE HELD LIAB LE FOR A VIOLATION U NDER THIS SUBTITLE F OR STORING 33
THIRD–PARTY–PROVIDED MATERIAL TH AT RESIDES ON A SYST EM OR NETWORK 34 10 SENATE BILL 1025
CONTROLLED OR OPERAT ED BY OR FOR THE ONL INE SERVICE IF, AFTER RECEIVING 1
A NOTIFICATION TH AT SATISFIES SUBSECT ION (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 SOON AS I S TECHNICALLY AND PR ACTICALLY 6
FEASIBLE FOR THE ONL INE SERVICE; AND 7
(2) AFTER REMOVING OR DIS ABLING ACCESS , TAKES REASONABLE 8
STEPS TO PROMPTLY NO TIFY THE THIRD PARTY THAT PROVIDED THE MA TERIAL 9
THAT THE ONLINE SERV ICE HAS REMOVED OR D ISABLED ACCESS TO TH E MATERIAL. 10
(D) THE LIMITATIONS ON LIABIL ITY ESTABLISHED UNDE R THIS SECTION 11
APPLY TO AN ONLINE S ERVICE ONLY IF THE O NLINE 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 INFORMATI ON THAT THE SECRETARY 21
OF STATE DETERMINES APPR OPRIATE. 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 ITE M (1) OF THIS 26
SUBSECTION AVAILABLE TO THE PUBLIC FOR IN SPECTION, 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 EST ABLISHED 30
UNDER THIS SUBSECTIO N. 31
SENATE BILL 1025 11
(F) (1) A NOTIFICATION TO AN O NLINE SERVICE ALLEGI NG A VIOLATION 1
OF THE RIGHT DESCRIB ED IN § 11–1702 OF THIS SUBTITLE SHA LL 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 VOI CE 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 ENAB LE 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 I S NOT PROVIDED BY TH E RIGHT 17
HOLDER OR AN ELIGIBL E PLAINTIFF UNDER § 11–1707(B) OF THIS SUBTITLE , A 18
STATEMENT THAT THE NOTIFYING PARTY BELIEVES IN GOOD FAI TH 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 SUFFICIE NT TO: 22
1. IDENTIFY THE REFERENC E OR LINK TO THE 23
MATERIAL OR ACTI VITY CLAIMED TO BE A N UNAUTHORIZED DIGIT AL REPLICA THAT 24
IS TO BE REMOVED OR TO WHICH ACCESS IS T O BE DISABLED; AND 25
2. ENABLE THE ONLINE SER VICE TO LOCATE THE 26
REFERENCE OR LINK DE SCRIBED IN ITEM 1 OF THIS ITEM. 27
(2) IN A NOTIFICATION TO A DESIGNATED AGENT UNDER PARAGRAP H 28
(1) OF THIS SUBSECTION , A PERSON MAY NOT KNO WINGLY AND MATERIALL Y 29
MISREPRESENT THAT : 30
(I) THE MATERIAL REQUESTE D TO BE REMOVED IS A N 31
UNAUTHORIZED DIGITAL REPLICA; 32
12 SENATE BILL 1025
(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 EQUAL TO THE GREATER OF: 6
(I) $5,000; OR 7
(II) 1. ACTUAL DAMAGES , INCLUDING HARM TO AN ONLINE 8
SERVICE CAUSED BY TH E RELIANCE OF THE ON LINE SERVICE ON THE 9
MISREPRESENTATION IN REMOVING OR DISABLIN G ACCESS TO THE MATE RIAL OR 10
ACTIVITY CLAIMED TO BE AN UNAUTHORIZED D IGITAL 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 SE RVICE, UNLESS THE ONLINE 16
SERVICE HAS TAKEN RE ASONABLE STEPS TO REMOVE, OR DISABLE ACCESS TO , THE 17
UNAUTHORIZED DIGITAL REPLICA AS SOON AS I S TECHNICALLY AND PR ACTICALLY 18
FEASIBLE FOR THE ONL INE SERVICE AFTER AC QUIRING KNOWLEDGE IN 19
ACCORDANCE WITH § 11–1705(B) OF THIS SUBTITLE. 20
(B) AN ACTION FOR A VIOLA TION OF THIS SUBTITLE MAY BE BROU GHT 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 VISUAL LIKENESS OF A DECEAS ED 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
SENATE BILL 1025 13
(I) A CONTRACT FOR THE EXC LUSIVE PERSONAL SERV ICES 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 BROUGHT UNDER THIS S ECTION 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 I N AN 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 G ENERATED 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 SHA LL BE LIABLE TO THE INJURED 20
PARTY IN AN AMOUNT E QUAL TO THE GREATER OF: 21
(I) 1. IN THE CASE OF AN IND IVIDUAL, $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 T HE APPLICABLE UNAUTH ORIZED 27
DIGITAL REPLICA ; OR 28
(II) ANY ACTUAL DAMAGES SU FFERED BY THE INJURE D 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 INTO ACCO UNT IN 31
COMPUTING THE ACTUAL DAMAGES; 32 14 SENATE BILL 1025
(2) THE PLAINTIFF MAY SEE K INJUNCTIVE OR OTHE R 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 DISREG ARD OF KNOWLEDGE THA T THE 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 A CTION, 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 REPLI CA DOES 15
NOT QUALIFY AS A DIG ITAL REPLICA AS DEFI NED IN § 11–1701 OF THIS SUBTITLE , 16
THE ONLINE SERVICE M AY NOT BE HELD LIABL E FOR STATUTORY OR A CTUAL 17
DAMAGES EXCEEDING $1,000,000, REGARDLESS OF WHETHE R THE MATERIAL IS 18
ULTIMATELY DETERMIN ED TO BE AN UNAUTHOR IZED 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 ONLIN E SERVICE, 21
OR TO WHICH THE ONLI NE SERVICE HAS DISAB LED ACCESS, FILES A LAWSUIT 22
AGAINST THE SENDER OF A NOTI FICATION UNDER § 11–1706(F) OF THIS SUBTITLE 23
CLAIMING THAT THE NO TIFICATION WAS FALSE OR DECEPTIVE AS DESC RIBED IN § 24
11–1706(F)(2) OF THIS SUBTITLE , THE ONLINE SERVICE M AY RESTORE THE 25
REMOVED MATERIAL TO ITS NETWORK FOR ACCE SS BY MEMBER S OF THE PUBLIC 26
WITHOUT MONETARY LIA BILITY TO EITHER: 27
(I) THE NOTICE SENDER ; OR 28
(II) THE THIRD PARTY THAT PROVIDED THE MATERIA L 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 O NLY IF A THIRD PARTY 32 SENATE BILL 1025 15
FILES THE LAWSUIT NO T LATER THAN 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