Binding law — in force
Do not publish a digital voice or visual depiction for commercial use without the individual's consent (Montana HB 513, sec. 1(3)(b))
From 2026-01-01, a person is liable if, without the consent of the individual or the holder of the individual's property rights, it intentionally puts before the public, for commercial use, a computer-generated voice or visual depiction that it actually and specifically knows depicts the individual and was not authorized by the individual or rights holder (2025 Mont. Laws ch. 685, sec. 1(3)(b)). A publisher with an objectively reasonable belief that material was not an unauthorized depiction is not liable for actual damages (sec. 1(5)). Detect ad, product or sales features that clone voices or swap faces with no consent record.
Trust and provenance not reviewed by a lawyer · audit-grade · source verified 4 Oct 2026 · release 2026.10.05
- Lane
- Binding law — in force In force: applies since 1 Jan 2026
- Official source
- 2025 Mont. Laws ch. 685, sec. 1(3)(b), first part (to the page break) · captured 4 Oct 2026 · anchor hash (SHA-256)
76c14375cf08…· 11 more anchors in the data release - Verification
- Quoted text found word for word in the captured official document (4 Oct 2026). Source last verified 4 Oct 2026: checked against the captured official document; not in the weekly watcher's list; checked against the captured document.
- Data release
- Data release 2026.10.05, data as of 4 Oct 2026, schema 0.3.10.
- Legal review
- Not reviewed by a lawyer. TwinEthos derived this rule from the official text it cites: treat it as research to check against that text; it is not legal advice. No TwinEthos rule has been legally reviewed yet. Open questions for counsel on this rule: 1.
- Audit standard
- Audit-grade: meets all 10 checks of the TwinEthos audit standard that apply to it. The audit standard is TwinEthos's own quality bar for provenance, dates, applicability, detectors, fixtures, remediation and licences; it is not a legal review.
- Detectors
1 detector (code pattern), experimental: written from the rule's text and not yet measured for precision on real code, so treat a hit as a lead to verify.
Known limits:
- Hosted likeness tools called only through a vendor dashboard
- Prompt-only likeness ('in the voice of <celebrity>') with a general text-to-speech or image model
- Consent may be enforced upstream (account onboarding, talent contracts); the finding asks for the record. Voices or faces of people who licensed them (stock talent) are fine with a record.
Who it applies to
- Duty falls on: any person
- Any person who intentionally publishes or makes available to the public, for commercial use, a digital voice or visual depiction of an individual (a Montana resident, or domiciled in Montana at death) knowing it is of the individual and unauthorized. Applies from 2026-01-01. Commercial use, intent and knowledge are human determinations.
- Not covered:
- To the extent protected by the First Amendment and Mont. Const. art. II, sec. 7: use by a news-gathering organization; in connection with a news report, public affairs report, sports broadcast or account; for comment, criticism, scholarship, satire or parody; a representation of an individual as themself in an audiovisual work unless intended to and does create the false impression of an authentic recording; fleeting or negligible use; an advertisement or commercial announcement for such a work (sec. 1(8))
- Providers of broadband internet access service (sec. 1(11))
- Whether it applies depends on facts outside the code; a person has to decide.
The guard to add
Check a recorded commercial-use consent or talent release for the depicted person before a generated or cloned voice or likeness is published to an ad, product, or storefront.
A consent gate on the path from the likeness generator (face swap, voice clone, identity-preserving image model) to every commercial sink: ad-platform creative uploads, product listings and storefront media, public campaign buckets, merchandise publishing. The gate looks up a consent or talent-release record for the person whose face or voice is reproduced, scoped to commercial use, refuses to publish without a live record, and stamps the asset with the release id so it can be traced and pulled later. A public-figure or celebrity filter runs before generation so references to well-known people are blocked unless a release is on file.
Where it goes: 1 application source code, 2 data models, 6 API calls and integrations, 9 AI output handling.
What this provision adds:
- Record the consent of the individual or of the holder of the individual's property rights before a depiction is published for commercial use.
Example (Python insightface + boto3), before:
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')After:
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)}})Control: AI-generated voice or likeness of a real person used on products or in advertising without that person's consent. The same guard addresses 5 items with binding law in 5 jurisdictions. Engineering guidance, not legal advice.
Rule id mt-hb513.digital-depiction-commercial-use-consent · review status: primary source derived