AI Frontier Institute

Georgia Likeness, Expression, Generative AI, and Commercial Yield (LEGACY) Act; enact

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Georgia House Bill 1399, the "Georgia Likeness, Expression, Generative AI, and Commercial Yield (LEGACY) Act," has been introduced but not enacted. If enacted, it would add a new Article 38 to Chapter 1 of Title 10 of the Georgia code (selling and other trade practices). Under proposed Code section 10-1-972, every individual would have a property right in their likeness. That right would be transferable, licensable, and descendible, and it would survive death for 50 years. Post-mortem use would be allowed only with consent given by the individual during life, by their estate, or by a legal representative. Under proposed section 10-1-973, creating, distributing, or exploiting someone's likeness in a "digital replica" for commercial purposes would require that person's consent. Section 10-1-971 defines consent as written, express, and specific, and it excludes consent implied by silence or buried in general terms and conditions. The same section defines a digital replica as a highly realistic AI-generated or computer-altered representation of a person's likeness. Lack of payment would not remove the consent requirement. No one could claim ownership of a person's likeness solely by putting it in a digital replica. An entity that knowingly keeps distributing a replica after notice of non-consent would violate the article. Commercial replicas could not falsely imply endorsement. Under section 10-1-973(g), an aggrieved individual could sue for actual damages, equitable relief, punitive damages, attorney's fees and costs, and other relief the court deems proper. Courts could also grant injunctions. The bill would take effect July 1, 2026 (Section 3) and would repeal conflicting laws (Section 4). Per the history, it has had House first and second readings.

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