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STATE OF OKLAHOMA
1st Session of the 60th Legislature (2025)
HOUSE BILL 2216 By: Deck
AS INTRODUCED
An Act relating to securities; creating the Oklahoma
Ensuring Likeness, Voice, and Image Security Act of
2025; defining terms; creating ind ividual property
right in the use of that individual 's name,
photograph, voice, or likeness in any medium;
providing such right to be exclusive subject to
assignment or licensing; providing for who maintains
property right when individual is deceased and r ight
is commercially exploited; providing for civil
actions; providing for fai r use; providing for
noncodification; providing for codification; and
providing an effective date .
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law not to be
codified in the Oklahoma Statutes reads as follows:
This act shall be known and may be cited as the "Oklahoma
Ensuring Likeness, Voice, and Image Security Act of 2025 ".
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes a s Section 1000 of Title 71, unless there
is created a duplication in numbering, reads as follows:
A. As used in this act:
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1. "Person" means any individual, firm, association,
partnership, corporation, joint stock company, syndicate, receiver,
common law trust, conservator, statutory trust, or any other concern
by whatever name known or however organized, formed, or created, and
includes not-for-profit corporations, associations, educational and
religious institutions, political parties, community, civic, or
other organizations; and
2. "Voice" means a sound in a medium that is readily
identifiable and attributable to a particular individual, regardless
of whether the sound contai ns the actual voice or a simulation of
the voice of the individual.
B. Every individual has a property right in the use of that
individual's name, photograph, voice, or likeness in any medium in
any manner. These property rights are freely assignable and
licensable, and do not expire upon the death of the individual so
protected, whether or not such rights were commercially exploited by
the individual during the individual 's lifetime, but shall be
descendible to the executors, assigns, heirs, or devisees of the
individual so protected by this act.
C. 1. The rights provided for in subsection B of this section
shall be deemed exclusive to the individual, subject to the
assignment or licensing of such rights as provided in subsection B
of this section, during such individual's lifetime and to the
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executors, heirs, assigns, or devisee s for a period of ten (10)
years after the death of the individual.
2. Commercial exploitation of the property right by any
executor, assignee, heir, or devisee if the individua l is deceased
shall maintain the right as the exclusive property of the executor,
assignee, heir, or devisee until such right is terminated as
provided in this paragraph. The exclusive right to commercial
exploitation of the property rights is terminated by proof of the
non-use of the name, photograph, voice, or likeness of an indi vidual
for commercial purposes by an executor, assignee, heir, or devisee
to the use for a period of two (2) years subsequent to the initial
period of ten (10) years following th e individual's death. For
purposes of this paragraph, "use" includes the commercial
availability of a sound recording or audiovisual work in which the
individual's name, photograph, voice, or likeness is readily
identifiable.
D. Any person who knowingly uses or infringes upon the use of
an individual's name, photograph, voice, or likeness in any medium,
in any manner directed to any person other than such individual, for
purposes of advertising products, merchandise, goods, or services,
or for purposes of fundraising, solicitation of donations, purchases
of products, merchandise, goods, or services, without such
individual's prior consent, or, in the case of a minor, the prior
consent of such minor 's parent or legal guardian, or in the case of
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a deceased individual, the consent of the executor or administrator,
heirs, or devisees o f such deceased individual, is liable to a civil
action.
A person is liable to a civil action if the person publishes,
performs, distributes, transmits, or otherwise makes availa ble to
the public an individual 's voice or likeness, with knowledge that
use of the voice or likeness was not authorized by the individual
or, in the case of a minor, the minor 's parent or legal guardian, or
in the case of a deceased individual, the execut or or administrator,
heirs, or devisees of such deceased individual.
A person is liable to a civil action if the person distributes,
transmits, or otherwise makes available an algorithm, software,
tool, or other technology, service, or device, the primary purpose
or function of such algorithm, software, tool, or other technology,
service, or device is the production of a particular, identifiable
individual's photograph, voice, or likeness, with knowledge that
distributing, transmitting, or otherwise making available the
photograph, voice, or likeness was not authorized by the individ ual
or, in the case of a minor, the minor 's parent or legal guardian, or
in the case of a deceased individual, the executor or administrator,
heirs, or devisees of such deceased individual.
E. To the extent such use is protected by the First Amendment
to the United States Constitution, it is deemed a fair use and not a
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violation of an individual 's right, for purposes of this part, if
the use of a name, photograph, voice, or liken ess is:
1. In connection with any news, public affairs, or sports
broadcast or account;
2. For purposes of comment, criticism, scholarship, satire, or
parody;
3. A representation of the individual as the individual 's self
in an audiovisual work, as defi ned under 17 U.S.C. Section 101,
unless the audiovisual work containing the use is intended to
create, and does create, the false impression that the work is an
authentic recording in which the individual participated;
4. Fleeting or incidental; or
5. In an advertisement or commercial announcement for a work
described in this subsection.
The use of a name, photograph, voice, or likeness in a
commercial medium does not constitute a use for purposes of
advertising or solicita tion solely because the material containing
such use is commercially sponsored or contains paid advertising.
Rather it shall be a question of fact whether or not the use of the
complainant individual 's name, photograph, voice, or likeness was so
directly connected with the commercial sponsorship or with the paid
advertising as to constitute a use for purposes of advertising or
solicitation. Nothing in this subsection applies to the owners or
employees of any medium used for advertising, including, but not
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limited to, newspapers, magazines, radio and television stations,
billboards, and transit ads, who have published or disseminated any
advertisement or solicitation in violation of this part, unless it
is established that such owners or employees had knowl edge or
reasonably should have known of the unauthorized use of the
individual's name, photograph, voice, or likeness as prohibited by
this subsection.
SECTION 3. This act shall become effective November 1, 2025.
60-1-10088 AO 01/11/25