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This entry was published on 2025-01-03
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SECTION 5-302
Contracts for the creation and use of digital replicas
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 3
§ 5-302. 1. Contracts for the creation and use of digital replicas.
Any provision in an agreement between an individual and any other person
or entity for the performance of personal or professional services is
contrary to public policy and shall be void and unenforceable as it
relates to a new performance by digital replication if the provision
meets all of the following conditions:

(a) The provision allows for the creation and use of a digital replica
of the individual's voice or likeness in place of work the individual
would otherwise have performed in person.

(b) The provision does not include a reasonably specific description
of the intended use of the digital replica. Failure to include a
reasonably specific description of the intended uses of a digital
replica shall not render the provision unenforceable when the uses are
consistent with the terms of the contract for the performance of
personal or professional services and consistent with the fundamental
character of the photography or sound track as recorded or performed.

(c) The individual was not:

(i) represented by legal counsel who negotiated on behalf of the
individual licensing the individual's digital replica rights and the
licensing terms are not stated clearly and conspicuously in an
employment contract that is separately signed or initialed by the
individual or in a separate writing that is signed by the individual; or

(ii) represented by a labor organization representing workers who do
the proposed work and the terms of their collective bargaining agreement
expressly address uses of digital replicas.

2. This section shall not affect provisions of a contract other than a
provision that falls under subdivision one of this section.

3. As used in this section, "digital replica" means a digital
simulation of the voice or likeness of an individual that so closely
resembles the individual's voice or likeness that a layperson would not
be able to readily distinguish the digital simulation from the
individual's authentic voice or likeness.