As Introduced

136th General Assembly

Regular Session H. B. No. 185

2025-2026

To amend sections 2741.01, 2741.02, 2741.05, 2741.06, 2741.09, and 2905.11 and to enact sections 2742.01, 2742.02, 2742.03, and 2742.04 of the Revised Code to make changes to the law relating to the unauthorized use of an individual's persona and to prohibit certain unauthorized deepfake recordings.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2741.01, 2741.02, 2741.05, 2741.06, 2741.09, and 2905.11 be amended and sections 2742.01, 2742.02, 2742.03, and 2742.04 of the Revised Code be enacted to read as follows:

Sec. 2741.01. As used in this chapter:

(A) "Persona" means an individual's name, voice, signature, photograph, image, likeness, or distinctive appearance~~, if any of these aspects have commercial value~~.

(B) "Commercial purpose" means the use of or reference to an aspect of an individual's persona in any of the following manners:

(1) On or in connection with a place, product, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;

(2) For advertising or soliciting the purchase of products, merchandise, goods, services, or other commercial activities not expressly exempted under this chapter;

(3) For the purpose of promoting travel to a place;

(4) For the purpose of fundraising.

(C) "Name" means the actual, assumed, or clearly identifiable name of or reference to a living or deceased individual that identifies the individual.

(D) "Right of publicity" means the property right in an individual's persona to use the individual's persona ~~for a commercial purpose~~.

(E) "Trier of fact" means the jury or, in a nonjury action, the court.

(F) "Written consent" includes written, electronic, digital, or any other verifiable means of authorization.

(G) "Institution of higher education" means a state institution of higher education as defined in section 3345.011 of the Revised Code, a private nonprofit college or university located in this state that possesses a certificate of authorization issued by the Ohio board of regents pursuant to Chapter 1713. of the Revised Code, or a school located in this state that possesses a certificate of registration and one or more program authorizations issued by the state board of career colleges and schools under Chapter 3332. of the Revised Code.

Sec. 2741.02. (A) Except as otherwise provided in this section, a person shall not use any aspect of an individual's persona ~~for a commercial purpose~~or a modified facsimile of an individual's persona wherein a reasonable trier of fact would confuse the modified facsimile and the individual:

(1) During the individual's lifetime;

(2) For a period of sixty years after the date of the individual's death; or

(3) For a period of ten years after the date of death of a deceased member of the Ohio national guard or the armed forces of the United States.

(B) A person may use an individual's persona ~~for a commercial purpose~~ during the individual's lifetime if the person first obtains the written consent to use the individual's persona from a person specified in section 2741.05 of the Revised Code. If an individual whose persona is at issue has died, a person may use the individual's persona ~~for a commercial purpose~~ if either of the following applies:

(1) The person first obtains the written consent to use the individual's persona from a person specified in section 2741.05 of the Revised Code who owns the individual's right of publicity.

(2) The name of the individual whose persona is used was the name of a business entity or a trade name at the time of the individual's death.

(C) Subject to the terms of any agreement between a person specified in section 2741.05 of the Revised Code and a person to whom that person grants consent to use an individual's right of publicity, a consent obtained before the death of an individual whose persona is at issue remains valid after the individual's death.

(D) For purposes of this section:

(1) A use of an aspect of an individual's persona in connection with any news, public affairs, sports broadcast, or account does not constitute a use for which consent is required under division (A) of this section.

(2) A use of an aspect of an individual's persona in connection with any political campaign and in compliance with Title XXXV of the Revised Code does not constitute a use for which consent is required under division (A) of this section.

(E) The owners or employees of any medium used for advertising, including but not limited to, a newspaper, magazine, radio or television network or station, cable television system, billboard, transit ad, and global communications network, by whom any advertisement or solicitation in violation of this section is published or disseminated are not liable under this section or section 2741.07 of the Revised Code unless it is established that those owners or employees had knowledge of the unauthorized use of the persona as prohibited by this section.

Sec. 2741.05. (A) Except as otherwise expressly provided in an agreement transferring an aspect of an individual's right of publicity, only the following persons may grant consent to use an individual's persona ~~for a commercial purpose~~:

(1) A person or persons, including the individual whose right of publicity is at issue, who collectively own more than fifty per cent of the individual's right of publicity, subject to the terms of any other licenses regarding that right of publicity;

(2) A person, including a licensee of the individual's right of publicity, who is expressly authorized in writing to grant consent by a person or persons specified in division (A)(1) of this section.

(B) A person or persons specified in division (A) of this section may do one or both of the following:

(1) Grant a person or persons consent to use all or part of an individual's right of publicity for a commercial purpose;

(2) Limit, restrict, or place conditions on how a person or persons to whom consent is granted pursuant to this section may use an individual's right of publicity.

Sec. 2741.06. (A) The following persons may bring a civil action to enforce the rights set forth in this chapter:

(1) A person or persons, including an individual whose right of publicity is at issue, who collectively own all of an individual's right of publicity, subject to any licenses regarding that right of publicity;

(2) A person, including a licensee of an individual's right of publicity, who is expressly authorized in writing by the owner or owners of an individual's right of publicity to bring a civil action;

(3) Except as otherwise expressly provided in an agreement transferring an aspect of an individual's right of publicity and subject to division (C) of this section, a person to whom ownership or any portion of ownership of an individual's right of publicity has been transferred.

(B) Before bringing a civil action under this section, a person who owns less than all of an individual's right of publicity shall notify the individual whose right of publicity is the subject of the proposed action, if living, by electronic mail or regular mail addressed to the last known address of that individual. The person also shall notify any persons to whom the individual's right of publicity has been transferred of the proposed civil action by the following means:

(1) Regular mail addressed to the last known address of each transferee;

(2) Electronic mail to each transferee;

(3) If the address or electronic mail address of the transferee is not known, publication in a newspaper of general circulation in the county in which the individual whose right of publicity is the subject of the proposed civil action resides, or, in the case of a deceased individual, in the county in which the individual's estate has been or would have been admitted to probate.

(C) The individual whose right of publicity is the subject of the proposed civil action brought under this section, and any person to whom ownership of that right of publicity has been transferred, may object to the proposed civil action within twenty days from the date of the mailing of the notice referred to in division (B) of this section or sixty days from the date of publication referred to in that division by giving written notice of the objection to the person proposing the civil action. If the individual or transferee does not object to the civil action within the time period specified in this division, the individual or transferee is forever barred from objecting to that action.

A person may not bring a civil action under this section if a person or persons, including the individual whose right of publicity is the subject of the proposed civil action, who collectively own more than fifty per cent of the individual's right of publicity object to the proposed civil action.

(D) A person, other than a licensee of an individual's right of publicity, who owns less than all of an individual's right of publicity and who brings a civil action under this chapter shall account to any other person owning an interest in that right of publicity to the extent of the other person's interest with respect to any net recovery in a civil action less the person's costs of collection and reasonable attorney's fees.

Sec. 2741.09. (A) This chapter does not apply to any of the following:

(1)(a) A literary work, dramatic work, fictional work, historical work, audiovisual work, or musical work regardless of the media in which the work appears or is transmitted, other than an advertisement or commercial announcement not exempt under division (A)(1)(d) of this section or an audiovisual work with a modified facsimile of an individual's persona wherein a reasonable trier of fact would confuse the modified facsimile and the individual;

(b) Material that has political or newsworthy value;

(d) An advertisement or commercial announcement for a use permitted by division (A)(1)(a), (b), or (c) of this section.

(2) The use of an individual's name to truthfully identify the individual as the author of or contributor to a written work or the performer of a recorded performance under circumstances in which the written work or the recorded performance is otherwise lawfully reproduced, exhibited, or broadcast;

(3) The use of an aspect of an individual's persona in connection with the broadcast or reporting of an event or topic of general or public interest;

(4) The use of the persona of an individual solely in the individual's role as a member of the public if the individual is not named or otherwise singled out as an individual;

(5) A use of an individual's persona by an institution of higher education if all of the following apply:

(a) The individual is or was a student at, or a member of the faculty or staff of, the institution of higher education.

(b) The use of the individual's persona is for educational purposes or for the promotion of the institution of higher education and its educational or institutional objectives.

(6) A use of the persona of an individual that is protected by the First Amendment to the United States Constitution as long as the use does not convey or reasonably suggest endorsement by the individual whose persona is at issue;

(7) A radio or television broadcasting station, including a cable or satellite television operator, programmer, producer, or streaming service, when the station receives consideration in exchange for broadcasting, distributing, or exhibiting material that would otherwise be prohibited by this chapter.

(B) This chapter does not affect rights or privileges recognized under the Ohio Constitution or United States Constitution.

Sec. 2742.01. As used in this chapter:

(A) "Deepfake recording" means any visual or audio media in an electronic format, video recording, or sound recording that is created or altered in a manner such that it falsely appears to be an authentic record of the actual speech or conduct of an individual depicted in the media or recording.

(B) "Malicious deepfake recording" means a deepfake recording created or altered by, or on behalf of, a person that intends to cause harm to another person due to the false nature of the speech or conduct recorded or depicted therein.

Sec. 2742.02. (A) Except as otherwise provided in this section, no person shall, without written consent of the depicted individual, do either of the following:

(1) Prepare, produce, or develop any malicious deepfake recording of an individual's voice, image, or likeness to distribute to, exhibit to, or exchange with others;

(2) Offer to distribute, exhibit, or exchange with others a malicious deepfake recording.

(B) No person shall recklessly distribute any malicious deepfake recording.

(C) Divisions (A) and (B) of this section do not apply to any malicious deepfake recording that meets either of the following criteria:

(1) The material does not include a political or campaign advertisement, and appears in a context that would cause a reasonable person to believe that the material is inauthentic, such as in a parody or fictionalized movie.

(2) The material, which may include a political or campaign advertisement, includes a disclaimer to which all of the following apply:

(a) It is included in a conspicuous place on the material or is contained or included within the media or recording.

(b) It states that the media or recording has been materially altered in a manner that renders it fictionalized and inauthentic.

(c) It identifies the name and contact information of the entity that is responsible for creating or distributing the media or recording.

(D) The exceptions provided in division (C) of this section do not apply to a malicious deepfake recording that is pornographic or that falsely depicts or records the speech or conduct of an individual who is under seventeen years of age.

(E) Divisions (A) and (B) of this section do not apply to a radio or television broadcasting station, including a cable or satellite television operator, programmer, producer, or streaming service, when the station receives consideration in exchange for broadcasting, distributing, or exhibiting a malicious deepfake recording.

Sec. 2742.03. (A) An individual injured by a violation of division (A) or (B) of section 2742.02 of the Revised Code may commence a civil action in a court of competent jurisdiction against the person that violates that division for any of the following:

(1) Either actual damages or, at the election of the plaintiff, statutory damages in an amount of at least two thousand five hundred dollars, and not more than ten thousand dollars, as determined in the discretion of the trier of fact, taking into account the willfulness of the violation, the harm to the individual in question, and the ability of the defendant to pay a civil damage award;

(2) Punitive or exemplary damages pursuant to section 2315.21 of the Revised Code, if applicable;

(3) Temporary or permanent injunctive relief.

(B)(1) In addition to the remedies described in division (A) of this section, if the plaintiff establishes by a preponderance of the evidence that the defendant violated section 2905.11 of the Revised Code in relation to the violation of division (A) or (B) of section 2742.02 of the Revised Code, the court shall additionally award the plaintiff statutory damages based on the amount the defendant extorts or attempts to extort from the plaintiff whose voice, image, or likeness is used in the deepfake recording. The amount of statutory damages shall be determined subject to the following limitations:

(a) If the value of the thing of value or valuable benefit involved in the violation of section 2905.11 of the Revised Code is less than one thousand dollars, the amount of statutory damages shall not exceed two thousand five hundred dollars.

(b) If the value of the thing of value or valuable benefit involved in the violation of section 2905.11 of the Revised Code is at least one thousand dollars, but less than seven thousand five hundred dollars, the amount of statutory damages shall not exceed five thousand dollars.

(c) If the value of the thing of value or valuable benefit involved in the violation of section 2905.11 of the Revised Code is at least seven thousand five hundred dollars, but less than one hundred fifty thousand dollars, the amount of statutory damages shall not exceed ten thousand dollars.

(d) If the value of the thing of value or valuable benefit involved in the violation of section 2905.11 of the Revised Code is one hundred fifty thousand dollars or more, the amount of statutory damages shall not exceed fifteen thousand dollars.

(2) A conviction of or plea of guilty to a violation of section 2905.11 of the Revised Code is not required for an award of statutory damages under division (B)(1) of this section.

(C) No action under this section shall be initiated more than four years after the alleged violation of division (A) or (B) of section 2742.02 of the Revised Code.

(D) The court in which an action under this section is initiated may award the prevailing party reasonable attorney's fees, court costs, and reasonable expenses associated with the civil action.

(E) As part of a final judgment, a court may order the destruction or other reasonable disposition of a malicious deepfake recording, including by requiring the defendant to take affirmative steps to cause others to take down the malicious deepfake recording and by requiring the defendant to indemnify the plaintiff for any past or future expenses associated with the plaintiff's efforts to have the malicious deepfake recording removed or destroyed.

(F) The trier of fact shall include any profits derived from, and attributable to, a violation of division (A) or (B) of section 2742.02 of the Revised Code in calculating the award of actual damages under this section.

Sec. 2742.04. (A) The remedies provided for in this chapter are in addition to any other remedies provided for by state or federal statute or common law.

(B) Any person that purchases a deepfake recording, while holding a good-faith belief that the recording is authentic, may commence a civil action in a court of competent jurisdiction against a person who violates division (A) or (B) of section 2742.02 of the Revised Code for either of the following:

(1) Treble the amount of the actual economic damages;

(2) At the direction of the plaintiff, statutory damages in the amount of two hundred fifty dollars.

Sec. 2905.11. (A) As used in this section and section 2905.111 of the Revised Code:

(1) "Elderly person" and "disabled adult" have the same meanings as in section 2913.01 of the Revised Code.

(2) "Information service" and "telecommunications service" have the same meanings as in the "Telecommunications Act of 1996," 47 U.S.C. 153, as amended.

(3) "Interactive computer service" has the same meaning as in the "Telecommunications Act of 1996," 47 U.S.C. 230, as amended.

(4) "Nudity," "sexual activity," and "sexual excitement" have the same meanings as in section 2907.01 of the Revised Code.

(5) "Private images" means images of sexual activity, masturbation, sexual excitement, nudity, bestiality, extreme or bizarre violence, cruelty, or brutality, or human bodily functions of elimination.

(6) "Threat" includes a direct threat and a threat by innuendo.

~~(B)~~(B)(1) No person, with purpose to obtain any valuable thing or valuable benefit or to induce another to do an unlawful act, shall do any of the following:

~~(1)~~(a) Threaten to commit any felony;

~~(2)~~(b) Threaten to commit any offense of violence;

~~(3)~~(c) Violate section 2903.21 or 2903.22 of the Revised Code;

~~(4)~~(d) Utter or threaten any calumny against any person;

~~(5)~~(e) Expose or threaten to expose any matter tending to subject any person to hatred, contempt, or ridicule, or to damage any person's personal or business repute, or to impair any person's credit.

(2) A person violates division (B)(1)(d) or (e) of this section by distributing, exhibiting, or exchanging a malicious deepfake recording that falsely depicts or records the speech or conduct of another individual, in violation of division (A) or (B) of section 2742.02 of the Revised Code, or by threatening to do so.

(D) No person, with purpose to do any of the following, shall threaten to release, exhibit, or distribute the private images of another:

(1) Compel or attempt to compel the other person, against the other person's will, to perform any act or refrain from performing any act;

(2) Induce the other person to commit an offense;

(3) Obtain additional private images from the other person;

(4) Obtain anything of value from the other person.

(E) Whoever violates division (D) of this section is guilty of sexual extortion. The penalty for the offense shall be determined as follows:

(1) Except as otherwise provided in division (E)(2) or (3) of this section, sexual extortion is a felony of the third degree.

(2) Except as otherwise provided in division (E)(3) of this section, if the offender previously has been convicted of or pleaded guilty to a violation of division (D) of this section or if the offense involves sexual extortion of a person under the age of eighteen, an elderly person, or a disabled adult, sexual extortion is a felony of the second degree.

(3) If the offender has previously been convicted of or pleaded guilty to two or more violations of division (D) of this section or if the offender has previously been convicted of or pleaded guilty to an offense involving sexual extortion of a person under the age of eighteen, an elderly person, or a disabled adult and the offender knows or has reason to know that the person is under the age of eighteen, an elderly person, or a disabled adult, sexual extortion is a felony of the first degree.

(F) A prosecution for a violation of division (D) of this section does not preclude a prosecution of a violation of division (B) of this section. One or more acts, a series of acts, or a course of behavior that can be prosecuted under division (D) of this section or division (B) of this section may be prosecuted under division (D) of this section, division (B) of this section, or both divisions. However, if an offender is convicted of or pleads guilty to a violation of division (D) of this section and also is convicted of or pleads guilty to a violation of division (B) of this section based on the same conduct involving the same victim that was the basis of the violation of division (D) of this section, the two offenses are allied offenses of similar import under section 2941.25 of the Revised Code.

(G)(1) No person shall assert a cause of action in any court of this state against any provider of an information service, an interactive computer service, or a telecommunications service, or against any agent, employee, or officer of such provider, for any injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of division (D) of this section.

(2) A provider of an information service, an interactive computer service, or a telecommunications service, or any agent, employee, or officer of such provider, is immune from any civil or criminal liability for injury, death, or loss to person or property that allegedly arises out of the provider's, officer's, employee's, or agent's provision of information, facilities, or assistance in accordance with the terms of a court order that is issued in relation to the investigation or prosecution of an alleged violation of division (D) of this section.

(H)(1)(a) A person shall not be considered to have violated division (D) of this section solely for providing access or connection to or from an electronic method of remotely transferring information not under that person's control, including having provided capabilities that are incidental to providing access or connection to or from the electronic method of remotely transferring the information and that do not include the creation of the content of the material that is the subject of the access or connection.

(b) Any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control shall not be liable for any action voluntarily taken in good faith to block the receipt or transmission through its service of any information that the person believes is, or will be, sent in violation of division (D) of this section.

(2) Division (H)(1) of this section does not create an affirmative duty for any person providing access or connection to or from an electronic method of remotely transferring information not under that person's control to block the receipt or transmission through its service of any information that it believes is, or will be sent, in violation of division (D) of this section, except as otherwise provided by law.

(3) Division (H)(1) of this section does not apply to a person who conspires with another person actively involved in the creation or knowing distribution of material in violation of division (D) of this section, or who knowingly advertises the availability of material of that nature.

(4)(a) A provider or user of an interactive computer service shall neither be treated as the publisher nor speaker of any information provided by another information content provider, nor shall such a person be held civilly or criminally liable for the creation or development of information provided by another information content provider.

(b) Nothing in division (H)(4)(a) of this section shall be construed as protecting a person from liability to the extent that the person developed or created any content in violation of division (D) of this section.

Section 2. That existing sections 2741.01, 2741.02, 2741.05, 2741.06, 2741.09, and 2905.11 of the Revised Code are hereby repealed.