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HB 1407

Commercial Law - Voice and Visual Likeness - Digital Replication Rights (Nurture Originals, Foster Art, and Keep Entertainment Safe Act - NO FAKES Act)

2025 Regular Session Introduced by Marlon Amprey and 1 co-sponsor

Maryland bill requiring explicit consent before commercial AI-generated deepfakes of voices/likenesses, enabling lawsuits and damages for unauthorized use.

Hearing 3/04 at 1:00 p.m.
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Bill Summary · HB 1407

Legislative bill overview

HB 1407 establishes legal protections for individuals' voice and visual likenesses by requiring consent before creating digital replications (deepfakes) for commercial purposes. The bill creates a right of publicity in Maryland law specifically addressing AI-generated synthetic media, with remedies for unauthorized use including injunctions and damages.

Why is this important

As AI technology makes it increasingly easy to create convincing deepfakes, individuals face growing risks of identity theft, fraud, and reputational harm without legal recourse. This bill directly addresses a gap in existing law by giving people enforceable rights against unauthorized commercial exploitation of their likeness—a concern affecting everyone from celebrities to everyday citizens whose images could be misused.

Potential points of contention

  • Scope of "commercial purposes": Defining what qualifies as commercial use could be contentious (does satire, parody, or educational content count?), potentially creating ambiguity in enforcement
  • Free speech concerns: Critics may argue the bill could chill legitimate creative expression, journalism, or political commentary if the definition of protected likeness is too broad
  • Consent and compensation standards: Questions remain about how "consent" is obtained, what exceptions exist (estate rights, historical figures), and whether creators must pay licensing fees for public figures
  • Enforcement burden: Determining who bears responsibility (platforms, creators, AI tool providers) and practical enforcement mechanisms against foreign-made deepfakes

Compiled from official sources — confirm details with the bill’s official record.

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