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H74 • 2025

An Act relative to the contracting of digital replicas

An Act relative to the contracting of digital replicas

Technology
Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Tackey Chan
Last action
2025-12-24
Official status
Accompanied a new draft, see H4832
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

An Act relative to the contracting of digital replicas

An Act relative to the contracting of digital replicas By Representative Chan of Quincy, a petition (accompanied by bill, House, No.

What This Bill Does

  • An Act relative to the contracting of digital replicas 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.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2025-12-24 House

    Accompanied a new draft, see H4832

  2. 2025-08-28 Joint

    Hearing rescheduled to 09/11/2025 from 01:00 PM-05:00 PM in A-2 and Virtual Hearing updated to include Virtual

  3. 2025-02-27 House

    Referred to the committee on Advanced Information Technology, the Internet and Cybersecurity

  4. 2025-02-27 Senate

    Senate concurred

Official Summary Text

An Act relative to the contracting of digital replicas
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.

Current Bill Text

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Bill H.74

SECTION 1.

Chapter 214 of the General Laws, as appearing in the 2022 Official Edition, is amended by inserting after section 3A the following new section:-

Section 3A 1/2. (a) For the purpose this section, “digital replica” shall mean a computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of a person that is embodied in a sound recording, image, audiovisual work, or transmission in which the actual person either did not actually perform or appear, or the actual person did perform or appear, but the fundamental character of the performance or appearance has been materially altered. “Digital replica” 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.

(b) Any contract between any person or owner of the copyright for the performance of personal or professional services is valid only as it relates to a new performance, fixed on or after January 1, 2026, by a digital replica of the person if:

(1) it permits the creation and use of a digital replica of the person’s voice or likeness in place of work that would otherwise have performed in person; (2) digital replica rights, and the commercial terms are stated clearly and conspicuously in the contract; and (3) it is reasonably specific in the description of the intended uses of the digital replica; provided, however, failure to include a reasonably specific description of the intended uses of a digital replica shall not render the contract provision unenforceable if the uses are consistent with the terms of the contract for the performance of personal or professional services and the fundamental character of the photography or soundtrack as recorded or performed.

(c) This section shall not apply to persons that are subject to any collective bargaining agreements that cover digital replica use.

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