Montana's new property right in your name, voice and likeness

The short version

• Montana residents, and people domiciled in Montana when they die, have a property right in their name, voice and visual likeness.
• Anyone who knowingly publishes a highly realistic digital voice or visual depiction of you for commercial use without consent can be liable for your actual damages plus profits.
• The law (HB 513, codified at Mont. Code Ann. § 30-14-1714) took effect January 1, 2026.

What the law does

The law says your rights in your name, voice and likeness can be transferred, licensed and inherited. They don't end at death, and they belong exclusively to you during life and to your heirs or transferees for 20 years after death.

It creates liability, without consent, for:

• Intentionally publishing or distributing a "digital voice depiction" or "digital visual depiction" of you for commercial use, with actual and specific knowledge that it is one and that it is unauthorized.
• Distributing a tool, software or service with actual and specific knowledge that its primary purpose is producing unauthorized depictions of a particular, identified person for commercial use.

A digital depiction must be newly created, computer-generated, highly realistic and nearly indistinguishable from the real person, so that a reasonable person believes it is genuine. You can recover your actual damages plus the violator's profits. You only need to prove gross revenue, and the violator must prove deductible expenses.

Who it protects

Montana residents, and people who were domiciled in Montana at death, along with their heirs and licensees.

What it means for you

Creators: You can license your likeness and still sue over commercial AI copies you didn't approve.

Brands and developers: Commercial use of a realistic AI depiction of a real Montanan needs consent. The knowledge requirements are demanding, but they don't excuse deliberate use.

What it doesn't do

• There are no set statutory damages. Recovery is based on actual damages and profits.
• A violator with an objectively reasonable belief that the material wasn't an unauthorized depiction isn't liable for actual damages.
• Protected uses, to the extent the First Amendment and Montana Constitution protect them, include news, commentary, criticism, scholarship, satire and parody, portraying someone as themself in an audiovisual work (unless it falsely suggests an authentic recording), fleeting or negligible uses, and ads for such works.
• It doesn't apply to broadband internet access providers.
• Lawsuits must be filed within four years of discovering the violation.

Status and key dates

• May 13, 2025: Signed by Governor Gianforte (Chapter 685, Laws of 2025).
• January 1, 2026: In effect.

Frequently asked questions

Does Montana protect my voice from AI cloning? Yes, for commercial uses. The law covers realistic digital voice depictions published for commercial use without your consent.

How long do Montana likeness rights last after death? They are exclusive to your heirs or transferees for 20 years after death.

Can I sue under Montana's law if I don't live there? The right applies to Montana residents and people domiciled in Montana at death.

What you can do

• Put any licenses of your name, voice or likeness in writing, with clear purposes and durations.
• Document commercial AI uses of your likeness that you didn't approve, and consult a Montana lawyer.

Royall helps you keep a record of what you have and haven't consented to.

Sources

• Mont. Code Ann. § 30-14-1714: https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0170/section_0140/0300-0140-0170-0140.html
• HB 513 (2025), enrolled text: https://api.legmt.gov/docs/v1/documents/getContent?documentId=325072
• HB 513 bill page: https://bills.legmt.gov/#/laws/bill/2/LC3983

Last verified: 2026-09-27

This is general information, not legal advice.