Ohio HB 185: Regards an individual's persona usage; prohibit certain deepfakes

Bill Text

As Introduced

136th
General Assembly

 Regular
Session H. B. No. 185

 2025-2026

Representatives Mathews, A., Mathews,
T.

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 purposeor
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 owne