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 S.B. 1960 has not been enacted. It passed the Senate and was engrossed, then was left pending in the House Judiciary & Civil Jurisprudence Committee after a public hearing on 2025-05-21. If enacted, it would add Title 14A, Chapter 651 to the Business & Commerce Code. The chapter would create a "digital replication right" in a person's voice and visual likeness. It would cover AI-style "digital replicas", which are newly created, highly realistic, computer-generated representations of an individual. The bill would apply only to Texas residents, or to people who were Texas residents when they died (Sec. 651.002). **The right.** Under Sec. 651.051, the right is a property right. It can be licensed, but it cannot be assigned during the individual's life. Under Sec. 651.052, it survives death. It is exclusive to the right holder for 10 years after death. It can then be renewed in 5-year periods if the right holder shows active, authorized public use during the 2 years before each period ends. It ends no later than 70 years after death. Renewal is only effective if the right holder files a notice with the secretary of state (Sec. 651.151). The secretary of state would keep a public directory of registered rights and could charge a fee to cover its administration (Sec. 651.152). **Prohibited conduct.** Sec. 651.053 would bar anyone from producing a digital replica without the right holder's written consent. It would also bar publishing, distributing or otherwise making a replica available to the public without that consent. Sec. 651.054 lists permitted uses without consent: bona fide news and sports, documentary or historical works, commentary, satire and parody, and fleeting or negligible uses. These exceptions do not apply to replicas depicting sexual conduct. Sec. 651.104 says makers and distributors of tools that can produce replicas do not violate Sec. 651.053 unless a tool is primarily designed for, or marketed for, unauthorized replicas, or has limited commercially significant use beyond them. **Licensing.** Under Sec. 651.055, a lifetime license must be in writing and signed, describe the intended uses, and last no more than 10 years. Under Sec. 651.056, a minor's license must be signed by a parent or guardian and approved by a court. It can last no more than 5 years or until age 18, whichever is earlier. Sec. 651.057 exempts licenses governed by collective bargaining agreements that address digital replicas. **Online service providers.** Under Sec. 651.101, providers must designate an agent to receive notices of alleged violations and post the agent's contact information. Under Sec. 651.102, on receiving a compliant notice, a provider must remove or disable access to the material as soon as technically and practically feasible. Sec. 651.103 prohibits false or deceptive takedown notices. **Enforcement.** Eligible plaintiffs may seek injunctive or other equitable relief (Sec. 651.202). They may also sue for knowing violations (Sec. 651.203). Damages would be the greater of statutory damages or actual damages plus profits: - $5,000 per work for an individual violator. - $5,000 per violation for an online service provider. - $25,000 per work for any other entity. Punitive damages are available for willful violations. A provider with an objectively reasonable belief that the material is not a digital replica has damages capped at $1 million. A disclaimer is not a defense. The limitations period is 3 years from discovery. The prevailing plaintiff gets attorney's fees (Sec. 651.204). A prevailing defendant gets fees only if the action was not brought in good faith. A false takedown notice carries liability of at least $5,000 (Sec. 651.205). **Effective date.** Contracts and wills made before the Act's effective date would prevail over the chapter if they conflict (SECTION 2). Subchapter E applies only to conduct on or after the effective date (SECTION 3). The Act would take effect September 1, 2025 (SECTION 4).

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