As used in this Subpart, the following words and phrases shall have the following meanings:

            (1) “Access software provider” means a provider of software, including client or server software, or enabling tools that do any one or more of the following:

            (a) Filter, screen, allow, or disallow content.

            (b) Pick, choose, analyze, or digest content.

            (c) Transmit, receive, display, forward, cache, search, subset, organize, reorganize, or translate content.

            (2) “Authorized representative” means an assignee, licensee, executor, heir, legatee, or other representative of an individual.

            (3) “Commercial purposes” means the use of an individual’s identity for any of the following purposes:

            (a) On or in connection with products, merchandise, goods, services, commercial activities, or performances.

            (b) For advertising, soliciting, or promoting products, merchandise, goods, services, commercial activities, or performances.

            (c) For the purpose of fundraising.

            (4) “Digital replica” means a computer-generated or electronic reproduction of a professional performer‘s likeness or voice that is so realistic as to be indistinguishable from the actual likeness or voice of the professional performer. “Digital replica” does not include the making or duplication of another recording that consists entirely of an independent fixation of other sounds, even though the sounds imitate or simulate the voice of the professional performer.

            (5) “Expressive work” means such work as a play, book, magazine, newspaper, musical composition, audiovisual work, radio or television program, work of art, or a dramatic, literary, or musical work, if it is fictional or nonfictional entertainment, a work of political or newsworthy value, or an advertisement or commercial announcement for any of these works.

            (6) “Identity” means an individual’s name, voice, signature, photograph, image, likeness, or digital replica.

            (7) “Individual” means a living natural person domiciled in Louisiana or a deceased natural person who was domiciled in Louisiana at the time of the individual’s death.

            (8) “Information content provider” means any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the internet or any other interactive computer service.

            (9) “Interactive computer service” means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the internet and such systems operated or services offered by libraries or educational institutions.

            (10) “Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks.

            (11) “Performance” means the use of a digital replica to substitute for a performance by a professional performer in a work in which the professional performer did not actually appear.

            (12) “Professional performer” means an individual who, for gain or livelihood, is or was regularly engaged in acting, singing, dancing, playing a musical instrument, or appearing on a news broadcast as an anchor or reporter.

            Acts 2022, No. 425, §1.