Proposal would give New Mexico residents rights over digital voice and likeness copies

The proposal would recognize a property right in a person's voice and likeness for realistic digital replicas. The right would cover actual people domiciled in New Mexico, including people who were domiciled there when they died. A digital replica must be a highly realistic, computer-generated representation that can readily be identified as the person. Authorized sampling, remixing, and remastering are excluded. If enacted, the proposal would take effect July 1, 2026; the post-death right could last no longer than 70 years after death.

The proposal would require registration for a post-death voice or likeness right to be enforced. The registration rule would apply to a written license for use of a person's voice or likeness after that person dies. The rights holder would need to file a form with the secretary of state, including a sworn statement of active, authorized use during the applicable period. The secretary of state would publish a public online registry and could charge a reasonable filing fee. If enacted, the proposal would take effect July 1, 2026; registration would be required before a post-death right could be enforced.

The proposal would limit the length and required terms of some licenses for digital replicas of living people. The rules would cover licenses for living adults, emancipated minors, and minors. An adult's or emancipated minor's license would need to be written, signed by the person or their authorized representative, and describe intended uses. A minor's license would need a parent's or guardian's signature and court approval, as well as a description of intended uses. The rules would not apply when a collective bargaining agreement addresses digital replicas. If enacted, these license rules would take effect July 1, 2026; a minor's license would end at age 18 even if its stated term ran longer.

The proposal would allow civil lawsuits over unauthorized digital replicas and set possible damages and other remedies. A rights holder and certain people authorized to control voice or likeness rights could sue. A claim would generally need to be filed within three years after discovery, or when reasonable diligence should have revealed the violation. Liability would require actual knowledge that the material was an unauthorized digital replica, or deliberately avoiding that knowledge. Exceptions would cover certain news, documentary, commentary, and other uses, but not replicas depicting sexually explicit conduct. An online service could avoid liability by removing reported material as soon as practicable; additional steps apply when it stores material supplied by someone else. The proposal lists set damage amounts or actual damages plus attributable profits. Courts could also order other relief and, in certain cases, punitive damages or legal fees. If enacted, the proposal would take effect July 1, 2026; a lawsuit would generally need to be filed within three years after the violation was discovered or should have been discovered.