House Bill 327 Alabama 2026 Session

Summary

Primary Sponsor

Ben RobbinsRepresentative

Republican

Session

2026 Regular Session

Title

Consumer protection; production of digital replicas of voice or visual likenesses, prohibited for commercial use unless licensed, procedures established, private right of action authorized

Summary

HB327 would regulate digital replicas of people’s voices or likenesses by requiring licenses for commercial use and allowing private lawsuits for violations.

What This Bill Does

It bars publishing or making a digital replica available without written consent from the rights holder, with clearly defined exceptions for certain uses. It creates a digital replication right that can be owned, licensed, and transferred after death, with a 10-year postmortem period and possible renewal terms, and specific rules about when those rights vest or terminate. It also allows living individuals to license their digital replication rights in writing, and sets up private lawsuits for violations or unauthorized replicas, including damages and attorney fees, while providing safe harbors for online service providers. The measure would take effect on October 1, 2026.

Who It Affects

• Individuals (living or deceased) whose voice or visual likeness can be digitally replicated, along with their heirs, estates, or representatives who may own, license, or enforce those rights.
• Online service providers and platforms that host, distribute, or utilize digital replicas, including licensees and advertisers, who must navigate consent requirements, potential liability, and the act’s safe harbors.

Key Provisions

• Digital replica defined as a highly realistic computer-generated representation of a person’s voice or likeness created for commercial use.
• Suspicious or unauthorized digital replicas may not be published or made available without written consent of the rights holder, with specific exceptions listed in Section 4.
• Exceptions include uses in news/public affairs, sports broadcasts, commentary/criticism/scholarship/satire/parody, fleeting uses, and certain advertisements, with a carve-out for sexually explicit content.
• Living individuals may license their digital replication rights in writing, describing the intended uses, with license terms continuing beyond the license period.
• Postmortem rights: rights survive for a period after death (initially 10 years, with possible 5-year renewals under conditions), transferable to executors/heirs, and subject to termination rules.
• A private right of action allows eligible plaintiffs to seek injunctive or other equitable relief, with damages and attorney fees; an online service provider may have a safe harbor if it reasonably believes material is unauthorized.
• Secretary of State maintains a directory of postmortem digital replication rights, with filing procedures and potential fees, and the act becomes effective October 1, 2026.

AI-generated summary using openai/gpt-5-nano on Feb 12, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Consumer Protection