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Arkansas General Assembly· HB 1071Returned by the Committee with the recommendation that it do pass, concur in Senate Amendment No. 1

An act TO AMEND THE FRANK BROYLES PUBLICITY RIGHTS 10 PROTECTION ACT OF 2016, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                       As Engrossed: S2/11/25
2 95th General Assembly
                                                A Bill

3 Regular Session, 2025                                           HOUSE BILL 1071

4

5 By: Representative R. Scott Richardson

6 By: Senator J. Bryant

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8                        For An Act To Be Entitled

9   AN ACT TO AMEND THE FRANK BROYLES PUBLICITY RIGHTS

10  PROTECTION ACT OF 2016; TO PROVIDE PROTECTIONS FOR AN

11  INDIVIDUAL WHOSE PHOTOGRAPH, VOICE, OR LIKENESS IS

12  REPRODUCED THROUGH MEANS OF ARTIFICIAL INTELLIGENCE

13  AND USED COMMERCIALLY; AND FOR OTHER PURPOSES.

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16                                        Subtitle

17                       TO AMEND THE FRANK BROYLES PUBLICITY

18                       RIGHTS PROTECTION ACT OF 2016; AND TO

19                       PROVIDE PROTECTIONS FOR AN INDIVIDUAL

20                       WHOSE PHOTOGRAPH, VOICE, OR LIKENESS IS

21                       REPRODUCED THROUGH MEANS OF ARTIFICIAL

22                       INTELLIGENCE AND USED COMMERCIALLY.

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24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

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26  SECTION 1. Arkansas Code � 4-75-1103(3), concerning the definition of

27 "likeness" under the Frank Broyles Publicity Rights Protection Act of 2016,

28 is amended to read as follows:

29  (3) "Likeness" means a reproduction of the image of an individual

30 by any means other than a photograph, including without limitation generation

31 through means of artificial intelligence;

32

33  SECTION 2. Arkansas Code � 4-75-1103(5), concerning the definition of

34 "photograph" under the Frank Broyles Publicity Rights Protection Act of 2016,

35 is amended to read as follows:

36  (5) "Photograph" means a reproduction of the image of an

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    As Engrossed: S2/11/25                                                  HB1071

1 individual that readily identifies the individual, whether made by:

2 photography, videotape, live transmission, or other means

3                     (A) Photography;

4                     (B) Videotape;

5                     (C) Live transmission;

6                     (D) Image, video, or three-dimensional generation through

7 means of artificial intelligence; or

8                     (E) Other means; and

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10  SECTION 3. Arkansas Code � 4-75-1103, concerning definitions under the

11 Frank Broyles Publicity Rights Protection Act of 2016, is amended to add an

12 additional subdivision to read as follows:

13  (7) "Voice" means a sound in a medium that is readily

14 identifiable and attributable to a particular individual, regardless of

15 whether the sound contains the actual voice or a simulation of the voice of

16 the individual, including without limitation a simulation of the voice of the

17 individual that is generated through means of artificial intelligence.

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19  SECTION 4. Arkansas Code � 4-75-1110(a)(1)(F)(i), concerning exempt

20 use of an individual's photograph or likeness by a service provider of a

21 system or network under the Frank Broyles Publicity Rights Protection Act of

22 2016, is amended to read as follows:

23  (i) Does not have actual knowledge that a photograph, voice, or

24 likeness on the system or network is in violation of this subchapter; or

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26 SECTION 5. Arkansas Code � 4-75-1112 is amended to read as follows:

27  4-75-1112. Construction.

28  (a) This subchapter:

29                    (1) Shall be liberally construed to accomplish its intent

30 and purposes; and

31                    (2) Does not render invalid or unenforceable a contract

32 or license entered into before or after August 22, 2016, by an individual

33 during his or her lifetime by which the individual transferred, assigned, or

34 licensed all or part of the right to use his or her name, voice, signature,

35 photograph, or likeness.

36  (b) The property rights granted by this subchapter are not

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    As Engrossed: S2/11/25                                           HB1071

1 considered intellectual property for purposes of 47 U.S.C. � 230.

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3                           /s/R. Scott Richardson

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