Arkansas Act 159 of 2025 (HB 1071): Frank Broyles Publicity Rights Protection Act and AI

Binding law — in force

Obtain prior consent before commercially using an AI-generated photograph, likeness or voice of an individual (Arkansas Act 159 of 2025)

Ark. Act 159 of 2025, sec. 1 (Ark. Code 4-75-1103(3), 'Likeness') · official text · In force: applies since 5 Aug 2025 · Arkansas (US-AR)

Under the Frank Broyles Publicity Rights Protection Act (Ark. Code 4-75-1104(a), 4-75-1108), an individual has a property right in the commercial use, by any medium in any manner without prior consent, of their name, voice, signature, photograph or likeness, and a person who commercially uses them without authorization under 4-75-1104(c) is liable for damages and disgorgement of profits. From 2025-08-05, Act 159 of 2025 extends 'likeness' and 'photograph' to images, video and three-dimensional generation through artificial intelligence, and 'voice' to a sound readily attributable to an individual, including an AI-generated simulation. Commercial use means use for advertising, selling or soliciting purchases, or on or in connection with products or other non-exempt commercial activity. Consent is given by the individual, a transferee or licensee, or after death by owners holding more than 50% of the rights; a parent or guardian consents for a minor. Detect ad, product or sales features that clone voices or swap faces with no consent record.

Who it applies to

• Duty falls on: any person
• Any person who commercially uses the name, voice, signature, photograph or likeness, including an AI-generated photograph, likeness or simulated voice, of an individual domiciled or resident in Arkansas on or after the subchapter's effective date, without consent under 4-75-1104(c). AI-generated reproductions covered from 2025-08-05 (Act 159; no emergency clause). The rights last for life and 50 years after death. Whether the use is commercial or exempt, and whether a generation platform is the person who commercially uses the likeness, are human determinations; the 2016 text is as enacted, not checked against the consolidated code.
• Not covered:
  • News, public affairs or sports broadcasts and their promotion, accounts of public interest, or political campaigns (4-75-1110(a)(1)(A))
  • Plays, books, magazines, newspapers, musical compositions, visual works, works of art, audiovisual works, radio or television programs, and dramatic, literary or musical works; works of political, public interest or newsworthy value including comment, criticism, parody, satire or transformative creation; advertisements for such works (4-75-1110(a)(1)(B)), unless the use is so directly connected with a product as to advertise it without consent (4-75-1110(a)(2))
  • A photograph or likeness in which the individual appears, unnamed, as a member of the public, an attendee or in a public place (4-75-1110(a)(1)(C))
  • Institutions of higher education and their affiliates, and professional photographers, for the uses listed (4-75-1110(a)(1)(D)-(E))
  • A service provider of a system or network without actual knowledge that a photograph, voice or likeness on it violates the subchapter, or, absent such knowledge, unaware of facts making a violation apparent (4-75-1110(a)(1)(F), as amended by Act 159)
  • Use for identification in data collection, reporting, processing, matching, distribution or licensing is not commercial use (4-75-1103(1)(B))
• Whether it applies depends on facts outside the code; a person has to decide.

def build_ad_creative(person_id, frame, target_face, source_face):
    out = swapper.get(frame, target_face, source_face, paste_back=True)
    cv2.imwrite('/tmp/ad.png', out)
    s3.upload_file('/tmp/ad.png', 'campaign-public', f'ads/{person_id}.png')

def build_ad_creative(person_id, frame, target_face, source_face):
    release = consents.get(person_id=person_id, scope='commercial')
    if release is None or release.revoked_at:
        raise ConsentRequired('no commercial likeness release for this person')
    out = swapper.get(frame, target_face, source_face, paste_back=True)
    cv2.imwrite('/tmp/ad.png', out)
    s3.upload_file('/tmp/ad.png', 'campaign-public', f'ads/{person_id}.png',
                   ExtraArgs={'Metadata': {'talent_release_id': str(release.id)}})

Rule id ar-hb1071.ai-likeness-commercial-use-consent · review status: primary source derived