Intellectual Property – Publicity
Regulating AI and Digital Replicas in Publicity Rights
States have enacted legislation extending traditional right of publicity laws to address artificial intelligence-generated digital replicas of individuals’ voices, likenesses, and personas. These laws generally require explicit consent before using AI to create digital replicas for commercial purposes, establish rights for individuals to control the use of their digital likenesses, and provide civil remedies for unauthorized use. Some states distinguish between protections for living individuals versus deceased persons, with varying consent requirements and durations of protection.
Some notable examples follow. California’s AB 1836 prohibits commercial use of digital replicas of deceased performers without consent, while AB 2602 addresses contracts for digital replica performances. Illinois enacted HB 4875 and HB 4762, amending the state’s Right of Publicity Act to establish property rights in the use of names, voices, and visual likenesses created through digital means. Montana enacted Title 30, Chapter 14, Section 1 of the Montana Code Annotated, effective January 1, 2026, and Maine’s General Obligations Chapter 24-A, Article 5, Title 3, effective January 1, 2025, regulates contracts for digital replica creation and use. Similarly, New York amended its Civil Rights Law § 50 et seq. in April 2024 to address artificial intelligence deceptive practices related to personality rights.
| Jurisdiction | Statute/Order | Link | Effective Date |
| Arkansas | Ownership of Model Training and Generated Content | Arkansas Code Title 18-4-101 | 4/21/25 |
| California | Amendment to Deceased Personality Protections | AB 1836 | 1/1/25 |
| California | Replica of Voice or Likeness Law | AB 2602 | 1/1/25 |
| Illinois | Amendment to Right of Publicity Act | HB 4875 | 8/9/24 |
| Illinois | Digital Voice and Likeness Protection Act | HB 4762 | 8/9/24 |
| Montana | Property Right in Use of Names, Voices, and Visual Likenesses | MCA Title 30, Chapter 14, Section 1 | 1/1/26 |
| New York | Contracts for the Creation and Use of Digital Replicas | General Obligations CHAPTER 24-A, ARTICLE 5, TITLE 3 | 1/1/25 |
| New York | Artificial Intelligence Deceptive Practices Act | N.Y. Civ. Rights Law § 50 et seq. | 4/20/24 |
| New York | New York State Fashion Workers Act | S 9832 | 6/19/25 |