SB 2046

Summary

As passed the Senate on 2/16/2026: - Establishes a transferable and descendible property right for all individuals, living or deceased, in their name, likeness, and voice, that terminates ten years after death. - Creates civil liability for persons who, without consent, publish or distribute a digital depiction or voice replica of an individual with knowledge it was unauthorized, or who make a "personalized cloning service" available to the public. - Establishes civil liability, including actual and potential treble damages, for the unauthorized commercial use of an individual's name, voice, or likeness. - Exempts student-athletes covered under existing name, image, and likeness (NIL) statutes, as well as telecommunication service providers and advertising mediums that are paid to publish third-party content. - The 2/2/2026 substitution amends the definitions of "digital depiction" and "digital voice replica". Clarifies that liability attaches only if a reasonable person would believe it is a genuine performance of an individual. - The 2/11/2026 amendment makes certain digital-replica clauses unenforceable if they lack a reasonably specific description of intended uses. Provides for a labor agreement to address use. Clarifies First Amendment exemptions.

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