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HB327 INTRODUCED
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HB327
QNWE945-1
By Representative Robbins
RFD: Judiciary
First Read: 22-Jan-26
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QNWE945-1 01/22/2026 THR (L)THR 2025-2497
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First Read: 22-Jan-26
SYNOPSIS:
This bill would prohibit the use of an
individual's voice or visual likeness in a digital
replica in certain circumstances.
This bill would provide exceptions.
This bill would authorize the licensing of a
digital replica.
This bill would authorize private rights of
action for violations of a digital replica license, or
for producing a digital replica without consent.
A BILL
TO BE ENTITLED
AN ACT
Relating to consumer protection; to establish
procedures related to digital replicas; to authorize the
licensing of digital replicas; and to authorize private rights
of action for violations of digital replica licenses or
producing a digital replica without consent.
BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
Section 1. For the purposes of this act, the following
terms have the following meanings:
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terms have the following meanings:
(1) COMMERCIAL USE. The use of the name, voice, or
likeness of an individual on or in any product, merchandise,
or good with the intent of advertising, marketing, selling, or
soliciting the purchase of any product, merchandise, good, or
service.
(2) DIGITAL REPLICA. A newly created,
computer-generated, highly realistic electronic representation
that is made for commercial use and is readily identifiable as
the voice or visual likeness of an individual that meets all
of the following criteria:
a. Is nearly indistinguishable from the actual voice or
visual likeness of the individual such that a reasonable
person would believe that the electronic representation is
only of that particular, actual individual.
b. Is embodied in a sound recording, image, audiovisual
work, visual work, or transmission in which either:
1. The actual individual did not actually perform or
appear; or
2. The fundamental character of the performance or
appearance has been materially altered.
c. Does not include the electronic reproduction, use of
a sample of one sound recording or audiovisual work into
another, remixing, mastering, or digital remastering of a
sound recording or audiovisual work authorized by the
copyright holder.
(3) DIGITAL REPLICATION RIGHT. The right established by
this act.
(4) ELIGIBLE PLAINTIFF. A person authorized to bring an
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(4) ELIGIBLE PLAINTIFF. A person authorized to bring an
action under this act.
(5) INDIVIDUAL. A natural or deceased person.
(6) MINOR. An individual younger than 18 years of age
who: (i) has never been married; and (ii) has not had the
disabilities of minority removed for general purposes.
(7) ONLINE SERVICE. Any of the following:
a. Any publicly accessible Internet website, online
service, online application, mobile application, virtual
reality environment, or cloud service provider.
b. A service engaged in the transmission of digital
audio transmissions.
c. A social service, social network, or application
store.
d. A service by wire or radio which provides the
capability to transmit data to and receive data from all, or
substantially all, Internet endpoints, including any
capabilities that are incidental to enabling the operation of
the communications service of a provider of online services or
network access, or the operator of facilities for the service.
(8) ONLINE SERVICE PROVIDER. The owner of an online
service.
(9) PRODUCTION. The creation of a digital replica.
(10) RIGHT HOLDER. The individual whose voice or visual
likeness is simulated or otherwise copied in or as a digital
replica, or, if applicable, any person other than the depicted
individual that acquires, through a license, inheritance, or
otherwise, the right to authorize the use of the individual's
voice or visual likeness in a digital replica.
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voice or visual likeness in a digital replica.
(11) SOUND RECORDING ARTIST. An individual who creates
or performs in sound recordings for economic gain or for the
livelihood of the individual.
Section 2. (a) A right holder has the right to
authorize the use of the voice or visual likeness of the
individual in a digital replica. That right is both:
(1) Descendible and licensable, wholly or partly,
exclusively or nonexclusively, by the right holder, subject to
the terms of a contract, including a licensing agreement, or
testamentary instrument conveying digital replication rights
to a right holder; and
(2) Not assignable during the life of the individual to
whom the right applies.
(b) A digital replication right does not expire on the
death of the individual to whom the right applies, regardless
of whether the right is used commercially by the individual
during the individual's lifetime.
(c) On the death of an individual to whom the right
applies:
(1) The individual's digital replication right is
transferable and licensable, wholly or partly, by the
executors, heirs, assigns, licensees, or devisees of the
individual; and
(2) Ownership of the right may be transferred, wholly
or partly, by operation of law, will, or intestate succession.
(d) A digital replication right is exclusive to both of
the following:
(1) The individual to whom the right applies, subject
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(1) The individual to whom the right applies, subject
to the licensing of the right during the lifetime of the
individual.
(2) The right holder for both of the following periods:
a. For a period of 10 years after the death of the
individual to whom the right applies.
b. Subject to Section 6, if the right holder
demonstrates active and authorized public use of the voice or
visual likeness of the individual in interstate or foreign
commerce during the two-year period preceding the expiration
of the 10-year period described in paragraph a., for an
additional five-year period, subject to renewal for additional
5-year periods, only if the right holder can demonstrate
authorized public use of the voice or visual likeness of the
individual in interstate of foreign commerce during the
two-year period preceding the expiration of each additional
five-year period.
(e) A digital replication right terminates on the
earlier of either of the following:
(1) The date on which the 10-year period or 5-year
period, as applicable, described in subsection (d) expires
without renewal.
(2) The date that is the earlier of 50 years after the
death of the individual or the date upon which the existing
common law right of publicity as recognized by the courts of
this state would terminate.
(f) If a right holder died before October 1, 2026, the
right holder's digital replication rights vest in the
executors, heirs, assigns, or devisees of the right holder.
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executors, heirs, assigns, or devisees of the right holder.
Section 3. (a) Except as provided by Section 4 and
subject to Section 4, a person may not intentionally publish,
display, distribute, or otherwise make available to the public
a digital replica without the written consent of the right
holder.
(b) It shall not be considered a violation of this
section for a person to manufacture, import, offer to the
public, provide, or otherwise distribute a product or service
unless the person directed the production of the digital
replica.
Section 4. (a) Except as provided by subsection (b), a
person may use a digital replica without the right holder's
consent if, regardless of the degree of fictionalization, the
digital replica meets any of the following criteria:
(1) Is intentionally used in a news, public affairs, or
sports broadcast or account, so long as the digital replica is
the subject of, or is relevant to, the subject of the
broadcast or a representation of the individual in a
documentary, docudrama, or in a biographical or historical
manner.
(2) Is produced or used in commentary, criticism,
scholarship, satire, or parody.
(3) Is used in a fleeting or negligible manner.
(4) Is used in an advertisement or commercial
announcement for a purpose described in subdivisions (1)
through (3) and the digital replica is relevant to the subject
of the advertisement or announcement.
(5) Is used in a manner that is otherwise protected by
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(5) Is used in a manner that is otherwise protected by
the First Amendment of the United States Constitution.
(b) Subsection (a) does not apply to a digital replica
used to depict sexually explicit conduct, as defined in
Section 13A-12-190, Code of Alabama 1975.
Section 5. (a) Except as provided in subsection (c), an
individual, during the individual's lifetime, may license the
individual's digital replication right. A license under this
subsection is valid only if the license agreement meets both
of the following criteria:
(1) Is in writing and signed by the individual or an
authorized representative of the individual.
(2) Includes a reasonably specific description of the
intended uses of the digital replica.
(b) Subsection (a) shall not affect the terms and
conditions of a license or contract other than those described
in this act, and the expiration of the license does not affect
the remainder of the license or related contract.
(c) Subsection (a) does not apply if the license is
governed by a collective bargaining agreement that addresses
digital replicas.
(d) A postmortem transfer or license of a digital
replication right is valid only if the testamentary instrument
transferring the right or the license agreement is in writing
and signed by the right holder or an authorized representative
of the right holder.
(e) A digital replica that is embodied in a sound
recording, image, audiovisual work, visual work, or
transmission, where the use is authorized under the terms of a
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transmission, where the use is authorized under the terms of a
license agreement, may continue to be used in a manner
consistent with the terms of the license after the expiration
or termination of the license agreement.
(f) Subject to Section 2(f) and to the terms of a
contract, including a license agreement, or testamentary
instrument entered into before October 1, 2026, if a right
holder dies before October 1, 2026, the right holder's digital
replication rights vest in the executors, heirs, assigns, or
devisees of the right holder.
Section 6. The renewal of a right described by Section
2(d)(2) is only effective if, before the two-year period
described in Section 2(d)(2)b., the right holder files a
notice with the Secretary of State that contains all of the
following:
(1) The name of the deceased individual.
(2) A statement, under penalty of perjury, that the
right holder has engaged in active and authorized public use
of the voice or visual likeness during the applicable two-year
period.
(3) The identity of and contact information for the
right holder.
(4) Any other information the Secretary of State deems
necessary.
Section 7. (a) The Secretary of State shall maintain
and make available to the public a director of postmortem
digital replication rights registered under Section 6.
(b) A right holder may voluntarily apply to the
Secretary of State for inclusion in the directory described by
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Secretary of State for inclusion in the directory described by
this section by filing a notice with the secretary that
complies with the form, content, and filing procedures
prescribed, by rule, by the secretary.
(c) The Secretary of State may impose a filing fee on a
right holder for inclusion in the directory described by this
section in amounts necessary to cover the cost of
administering the directory.
Section 8. An action under Section 9 or 10 may only be
brought by one or more of the following parties:
(1) An exclusive right holder.
(2) If the individual described in subdivision (1) is a
minor, the parent or guardian of the individual.
(3) Any other person that exclusively controls,
including through a license, the right to authorize the use of
the voice or visual likeness of the individual described in
subdivision (1).
(4) Any other person that owns or controls the right to
authorize the use or visual likeness of a deceased individual
described in subdivision (1).
(5) In the case of a digital replica of an individual
who is a sound recording artist, provided that the sound
recording artist is an individual and has given a person
express written authorization to commence such a civil action
on the individual's behalf, any person that has entered into
either of the following:
a. A contract for the exclusive personal services of
the sound recording artist as a sound recording artist.
b. An exclusive license to distribute or transmit works
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b. An exclusive license to distribute or transmit works
that capture the audio performance of the sound recording
artist, provided that the sound recording artist is an
individual and has given the person express written
authorization to commence such a civil action on his or her
behalf.
Section 9. An eligible plaintiff may bring a private
cause of action against a person who violates or threatens to
violate this act to obtain:
(1) Injunctive relief; or
(2) Other equitable relief.
Section 10. (a) For the purposes of this section, the
term "knowingly" means having actual knowledge of or acting
with deliberate ignorance of the prohibition involved.
(b) An eligible plaintiff may bring a cause of action
against another person who knowingly violates Section 3.
(c) For the purposes of subsection (a), a person may be
presumed to have acted knowingly if the person willingly
avoided having knowledge that: (i) the applicable material is
a digital replica; and (ii) the digital replica was not
authorized by a right holder.
(d) A cause of action brought pursuant to this section
must commence within three years after the date on which the
person discovered, or with due diligence should have
discovered, the violation.
(e) In a cause of action brought under this section, a
person that violates Section 3 shall be liable for: (i) the
actual damages suffered by the injured party as a result of
the violation; and (ii) punitive damages if the violator is
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the violation; and (ii) punitive damages if the violator is
found to have acted with malice, fraud, or knowledge.
(f) An online service provider that has an objectively
reasonable belief that material claimed to be an unauthorized
digital replica does not qualify as a digital replica may not
be liable for statutory or actual damages regardless of
whether the material is ultimately determined to be an
unauthorized digital replica.
(g) The court shall award reasonable attorney fees to
the prevailing party in any action brought pursuant to this
act.
Section 11. This act shall become effective on October
1, 2026.
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