AI Frontier Institute

Relating to digital replication rights in the voice and visual likeness of individuals; providing private causes of action; authorizing a fee.

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Texas H.B. 3950 (89th Legislature, filed by Rep. Hunter) has not been enacted; it was referred to the House Judiciary & Civil Jurisprudence Committee on 2025-03-27. If enacted, it would add Title 14A and Chapter 651 to the Business & Commerce Code to create a "digital replication right" in a person's voice and visual likeness. A "digital replica" is a newly created, computer-generated, highly realistic and readily identifiable representation of an individual's voice or likeness. It covers a work the person never performed in, or a version of one whose fundamental character was materially altered (Sec. 651.001). The chapter applies to Texas residents and people who were residents when they died (Sec. 651.002). The right is a property right. It can be licensed but not assigned during the individual's life (Sec. 651.051). After death it continues for 10 years. It can be renewed for 5-year periods on a showing of active, authorized public use. It ends no later than 70 years after death (Sec. 651.052). Renewal requires a filing with the secretary of state, which keeps a public directory and may charge a fee to cover its costs (Secs. 651.151, 651.152). Without the right holder's written consent, a person may not produce or publish, distribute or otherwise make available a digital replica (Sec. 651.053). Exceptions cover bona fide news, documentary or biographical uses, commentary, satire and parody, fleeting uses, and related ads. The exceptions do not apply to depictions of sexual conduct (Sec. 651.054). Lifetime licenses are limited to 10 years and must be in writing with a reasonably specific description of the intended uses (Sec. 651.055). Licenses for minors are limited to the earlier of 5 years or age 18. They need a signature from the parents or guardians and court approval (Sec. 651.056). Collective bargaining agreements that address digital replicas override those limits (Sec. 651.057). Online service providers must designate an agent to receive notices of alleged violations. On receiving a compliant notice they must remove or disable access to the material, and they must notify the third party who supplied it (Secs. 651.101, 651.102). Knowingly submitting a false or deceptive notice is prohibited (Sec. 651.103). Makers and distributors of products or services are liable only if the product is primarily designed to make unauthorized replicas, has limited other commercial use, or is marketed for that purpose (Sec. 651.104). Eligible plaintiffs may seek injunctive or other equitable relief (Secs. 651.201, 651.202). They may also sue anyone who knowingly violates Sec. 651.053. A provider that ignores a notice is presumed to have acted knowingly. A disclaimer or AI disclosure is not a defense. Statutory damages are $5,000 per work for an individual violator, $5,000 per violation for an online service provider, and $25,000 per work for other entities. Plaintiffs may instead recover actual damages plus profits, and punitive damages are available for willful violations. A provider with an objectively reasonable belief that the material was not a digital replica faces a $1 million cap on statutory or actual damages. Suits must be filed within 3 years of discovery (Sec. 651.203). The prevailing party recovers attorney's fees. A prevailing defendant recovers them only if the action was not brought in good faith (Sec. 651.204). A person who files a false notice owes the greater of $5,000 or actual damages, plus costs and fees (Sec. 651.205). Existing contracts and testamentary instruments prevail over conflicting provisions of the chapter (SECTION 2). Subchapter E applies only to conduct on or after the effective date (SECTION 3). The effective date would be September 1, 2025 (SECTION 4).

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