Generates images with AI, in Arkansas

Ark. Code Ann. section 4-110-104(b) · Read the law's page

• Implement and maintain reasonable security procedures and practices appropriate to the nature of the personal information you acquire, own, or license, to protect it from unauthorized access, destruction, use, modification, or disclosure.
• This binds a person or business, a term defined to include a state agency, that acquires, owns, or licenses personal information about an Arkansas resident.
• This duty is separate from the same section's duty to take all reasonable steps to destroy or arrange for destruction of a customer's records containing personal information no longer retained, and from the Act's own breach-notification duty, researched as this jurisdiction's privacy row.
• There is no dedicated regulator or stated penalty amount for a violation of this duty; only the Arkansas Attorney General may bring an enforcement action, under the Arkansas Deceptive Trade Practices Act. Whether that Act's private-suit provision also reaches a violation of this duty has not been confirmed either way; treat it as an open question rather than a cleared risk.

Ark. Code Ann. § 18-4-101 · Read the law's page

• Absent a contrary agreement, if you supply the input or directive to a generative AI tool, you own the content it generates for you, so long as that content does not infringe an existing copyright or other intellectual property right.
• Absent a contrary agreement, if you supply the data or input used to train a generative AI model, you own the resulting trained model, so long as the training data was lawfully acquired and you have not transferred ownership of it by contract.
• If your employee generates content or trains a model with a generative AI tool within the scope of employment and under your direction and control, you as the employer own the resulting content or trained model instead.
• This ownership rule does not extend to content that infringes a pre-existing copyright or other intellectual property right, regardless of AI use.

Ark. Code Ann. §§ 4-75-1103, 4-75-1110, 4-75-1112 · Read the law's page

• Do not reproduce, generate, or use an individual's photograph, likeness, or voice, including an artificial-intelligence-generated reproduction or simulation, without authorization under the Frank Broyles Publicity Rights Protection Act of 2016.
• If you operate a system or network that hosts content from others, your exemption ends once you have actual knowledge that a photograph, voice, or likeness on your system violates the Act.

Ark. Code Ann. §§ 5-14-139, 16-118-119 · Read the law's page

• Do not knowingly create or distribute, without the depicted person's consent, an AI-generated or AI-modified visual depiction that an ordinary person would conclude shows an identifiable person nude or engaged in sexual conduct.
• If you provide or develop prompt-based image-generation technology, put reasonable safeguards in place against its use to generate this kind of deepfake visual material; without them, the Attorney General may sue you directly over material it was used to create.
• A person injured by a violation may sue you directly, whether you created the deepfake or provided or developed the image-generation technology used to create it, for actual, compensatory, or punitive damages, injunctive relief, attorney's fees, and costs.
• This offense does not reach a provider of, or an affiliate of a provider of, a telecommunication service, information service, or cable service as defined in 47 U.S.C. § 153, for content provided by another person.

Ark. Code Ann. §§ 5-27-302, 5-27-304, 5-27-601 to 5-27-603, 5-27-609 · Read the law's page

• Do not advertise, sell, distribute, possess, or view a computer-generated or otherwise AI-produced visual or print medium that an ordinary person would conclude depicts an actual child engaged in sexually explicit conduct.
• If you provide or develop an AI system and conduct adversarial testing in good faith to prevent, detect, or mitigate the risk of that system generating this material, that testing is exempt, but only if it is not for personal, exploitative, or unrelated purposes.
• This offense does not reach an interactive computer service for content supplied by another party.

Ark. Code Ann. § 4-88-107

• This law is recorded as enacted, but the record carries no commencement date, so whether it is yet in force has to be established before relying on what follows.
• Do not knowingly misrepresent goods or services, or otherwise engage in deceptive or unconscionable trade practices toward consumers.