Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H74

Introduced
2/27/25  

Caption

Relative to the contracting of digital replicas

Impact

The primary impact of H74 is on the protections it affords to individuals regarding the use of their digital likenesses. By requiring that contracts specify the terms under which a digital replica may be used, the bill strengthens the rights of creators and performers. Contracts that utilize a digital replica must be made on or after January 1, 2026, and must include explicit statements regarding digital replica rights and the intended uses. This legislation is significant in the context of increasing use of digital technology in media and entertainment, paving the way for ethical and legal practices in digital representation.

Summary

House Bill H74, titled 'An Act relative to the contracting of digital replicas,' seeks to establish clear legal definitions and guidelines surrounding the use of digital replicas in the Commonwealth of Massachusetts. A 'digital replica' is defined in the bill as a highly realistic electronic representation of a person, including their voice or likeness, utilized in various forms of media, such as sound recordings and audiovisual works. This bill aims to amend the existing laws to protect the rights of individuals whose performances are represented digitally, ensuring that contracts related to these representations are clear and enforceable.

Contention

Debate around H74 may center on concerns about the balance between innovation in digital media and the rights of individuals. Some stakeholders may argue that the bill establishes necessary protections in a rapidly evolving digital landscape, while others could raise issues about potential overregulation. Furthermore, exemptions for collective bargaining agreements could lead to discussions on labor rights and representation in the digital age, highlighting potential areas of contention among artists, producers, and unions.

Companion Bills

MA H4832

Replaced by Relative to the contracting of digital replicas

Previously Filed As

MA H4832

Relative to the contracting of digital replicas

MA SB1111

Digital replicas.

MA SB1960

Relating to digital replication rights in the voice and visual likeness of individuals; providing private causes of action; authorizing a fee.

MA HB3950

Relating to digital replication rights in the voice and visual likeness of individuals; providing private causes of action; authorizing a fee.

MA HB3178

DIGITAL PROTECT-USE OF REPLICA

MA H3506

Relative to digital inclusion for seniors

MA H2135

Relative to the digital Coogan law

MA SB1146

Advertisement claims: health-related consumer products and services: digital replicas and synthetic performers.

MA SB1025

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

MA HB2772

Enacting the Kansas age-appropriate design code act to require businesses to assess and mitigate risks of compulsive use in minors; enacting the Kansas stopping likeness abuse by nonconsensual digital replicas act to create a private right of action for the unauthorized digital replication and distribution of individuals' digital likenesses; enacting the Kansas saving human connection act to prohibit deceptive practices and ensure transparency in chatbot interactions.

Similar Bills

No similar bills found.