NIL bill centered on AI fakes unanimously moves forward in Montana House
Legislation to give individuals the legal right to their name, image, and likeness passed second reading in the House by unanimous vote on Thursday afternoon.
Brought by Rep. Jill Cohenour, D-Helena, House Bill 514 would give Montanans ownership of their own image. The legislation comes as artificial intelligence programs have been developed that can take audio, video or photos and change them into an image or soundbite that is faked.
The bill gives a person the ability to seek damages should they be faced with a situation where a fake video or photo is being shared — especially if someone is profiting off of it.
'Somebody could take that, and they could make you say something that you didn't say, and then use that,' Cohenour said in an interview on Thursday. 'I'm concerned about monetization of that. I'm concerned about protecting the person that you are.'
There are significant legal ramifications baked into the bill. Unauthorized use of an individual's name, voice, or likeness could include damages of up to $50,000 for each violation related to digital voice replicas and $5,000 for other uses that were not authorized.
Other states, including Tennessee and California, have passed similar laws. The move also benefits legislators themselves, as AI generated images people then believe were real are an issue the most recent presidential election brought to light.
'This bill really got me thinking about the fact that every one of us on the floor is a public figure,' Cohenour said on the House floor. 'You have made speeches in public or made you your likeness, everything about you is available on the internet at this moment.'
Rep. Zooey Zephyr, D-Missoula, spoke in favor of the bill on the House floor, saying it could have a statewide impact.
'Montana has a blossoming film and television industry,' Zephyr said. 'And one of the things that we've seen cause some hesitation for folks dealing with smaller companies is when an actor will go in, perform a role, and that shady company will say, 'Well, we got them saying a handful of things, and now we don't need to bring them back for a second scene, we don't need to pay them.''
The bill will head to the Senate if it passes third reading. If the bill is signed into law, the legal right does not expire after death, instead the right to a person's likeness could be transferred and executed on by heirs or executors for a decade following death.
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I know him well enough to know that and have known him for so long and I've talked to him so much that I know that he agrees fundamentally with the idea that the system is corrupt and the way that it continues to be corrupt is through secrecy. And that you have to air this stuff. You have to tell people what's going on and take the hit, and that's okay. You know, we all screw up. There are things about me I seek to hide. I love pizza, or whatever. That's okay, but you have to be honest at a certain point, or it doesn't get better. That's just kind of a basic human principle, and I know that Trump agrees with that. I don't mean to be cagey. I don't really understand what the hell is going on, if I'm being honest, I really don't. And I haven't talked to him about it. I haven't called over there and asked, 'what the hell's going on?' By the way, I don't think Trump had anything to do with Epstein, he knew Epstein. But I would be sincerely shocked if there was some weird sex stuff with Trump. I just don't believe that. I've talked to Trump about it, I know him well. What did he say? I think he said this publicly. He said Epstein was always in Mar-a-Lago freeloading and hitting on the massage therapist and he kicked him out. Does that sound realistic to you? It does. Whatever Trump's sins, I have never gotten a creepy vibe off him at all. And you ask any woman who's been around him — because women know, they get the creepy vibe way better than men do, or at least than I do. And I've asked a number of women, do you get a creepy vibe off of him? You could smell it if someone's got weird sex shit going on underneath the surface. I've never gotten that vibe off Trump at all. And every woman I've ever asked didn't get that at all [Ed note: over 25 women have accused Trump of sexual misconduct.]. So I could be completely wrong, but I would be shocked. And by the way, this information, if it exists, would have been in the hands of the Biden administration during the last presidential campaign. You think they wouldn't have leaked it? Again, I could have been wrong, but I just don't believe it. And so what is this [situation with Epstein]? I don't really know. You do get in a vacuum when you're at the top of whatever pyramid, and I don't think they fully understand how this is being read on the outside. We're a few days into this, get back to me in a month and I'll have a better sense. We will all have a sense of what this is, but I think it's a big deal. Not because of Epstein, but because of what he represents. Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@ Or contact tonight's author at cmchugh@ or on X (formerly know as Twitter) at @calder_mchugh. 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Nightly Number RADAR SWEEP LEGOLAND COMES TO CHINA — Earlier this month, the first Legoland in China opened in Shanghai. The theme park is the latest attempt by the Chinese government to boost domestic and international tourism and consumer spending, which has been lagging since the pandemic. Local government officials hope that Legoland and planned Harry Potter and Peppa Pig theme parks will be able to compete with dominant Disney and Universal Studios. Tax breaks and new public transportation lines are being used to draw fans and investors to the new attractions. Osmond Chia reports on theme park expansion for BBC News. Parting Image Jacqueline Munis contributed to this newsletter. Did someone forward this email to you? Sign up here.
