H.R. 8323

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8323 Introduced in House (IH)]

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119th CONGRESS
2d Session
H. R. 8323

To amend title 17, United States Code, to establish sovereign ownership 
rights in unique likeness for U.S. citizens, to protect against 
unauthorized digital replications and abuses, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

April 16, 2026

Mr. Biggs of Arizona introduced the following bill; which was referred 
to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To amend title 17, United States Code, to establish sovereign ownership 
rights in unique likeness for U.S. citizens, to protect against 
unauthorized digital replications and abuses, and for other purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Sovereign Ownership of Unique 
Likeness Act of 2026'' or the ``SOUL Act of 2026''.

SEC. 2. AMENDMENT TO TITLE 17, UNITED STATES CODE.

Title 17, United States Code, is amended by adding at the end the 
following new chapter:

``CHAPTER 14--SOVEREIGN OWNERSHIP OF UNIQUE LIKENESS

``1401. Definitions.
``1402. Rights granted.
``1403. Exceptions and limitations.
``1404. Remedies and enforcement.
``1405. Preemption and severability.
``Sec. 1401. Definitions
``In this chapter:
``(1) Individual's unique likeness.--The term `individual's 
unique likeness' means the set of personal traits owned by each 
U.S. citizen from birth or upon development or acquisition, 
including:
``(A) Name, including full legal name, nicknames, 
or stage names.
``(B) Image, including photographs, videos, digital 
representations, or any visual depictions.
``(C) Likeness, including physical appearance, body 
shape, movements, habits, or style.
``(D) Voice, including natural speaking or singing 
voice and any artificial intelligence-generated 
reproductions.
``(E) Biometric identifiers, including facial 
geometry, iris patterns, vocal timbre, gait, or 
fingerprints, when used to replicate or identify an 
individual for commercial purposes, excluding uses for 
law enforcement or national security.
``(F) Genetic markers, including DNA sequences or 
traits that could be used to replicate or misuse 
identity in commercial applications, such as artificial 
intelligence tools, with exemptions for medical or 
research purposes under applicable laws, including the 
Genetic Information Nondiscrimination Act of 2008 (42 
U.S.C. 2000ff et seq.).
``(G) Other related traits, including avatars, 
deepfakes, or digital replicas derived from the 
elements described in subparagraphs (A) through (F), 
encompassing artificial intelligence-generated identity 
data. The term `unique likeness' shall be construed 
broadly to adapt to technological advancements.
``(2) Digital replica.--The term `digital replica' means 
any computer-generated or technologically created 
representation that reproduces or simulates an individual's 
unique likeness without authorization, including deepfakes or 
synthetic media.
``(3) Owner.--The term `owner' means the U.S. citizen to 
whom the unique likeness belongs, or their authorized licensee, 
heir, or assignee after death.
``(4) Platform.--The term `platform' means any interactive 
computer service as defined in section 230(f)(2) of the 
Communications Act of 1934 (47 U.S.C. 230(f)(2)) that hosts 
user-generated content.
``Sec. 1402. Rights granted
``(a) Exclusive Rights.--The owner has the exclusive right to 
reproduce, distribute, publicly display, perform, or create derivative 
works based on their unique likeness. This prohibits unauthorized 
digital replicas or synthetic media.
``(b) Duration.--The rights under this chapter endure for the life 
of the individual plus 50 years after death, regardless of commercial 
exploitation during life.
``(c) Scope.--These rights apply to U.S. citizens and activities 
affecting interstate commerce. Rights are inalienable except through 
voluntary waiver or license by the owner. Ownership vests automatically 
without registration.
``Sec. 1403. Exceptions and limitations
``(a) Exemptions.--The rights under this chapter do not apply to:
``(1) Non-commercial uses qualifying as fair use under 
section 107 of this title, including parody, satire, 
caricature, criticism, news reporting, scholarly commentary, 
transformative artistic works, incidental inclusions, or public 
domain elements.
``(2) Government activities, including law enforcement or 
national security.
``(3) Activities protected by the First Amendment to the 
United States Constitution, consistent with judicial 
precedents.
``(b) No Retroactive Application.--This chapter does not affect 
uses authorized before the effective date.
``Sec. 1404. Remedies and enforcement
``(a) Civil Remedies.--An owner may bring a civil action in Federal 
district court for:
``(1) Injunctive relief to prevent or restrain violations.
``(2) Takedown orders for unauthorized content.
``(3) Actual damages or statutory damages of not less than 
$750 nor more than $30,000 per violation, as the court 
considers just.
``(4) In cases of willful violation, up to $150,000 in 
statutory damages. No proof of economic or reputational harm is 
required; harm is presumed.
``(b) Platform Liability.--A platform is liable if it fails to 
remove unauthorized content after receiving a valid takedown notice, 
but may qualify for safe harbor protection if it acts in good faith, 
consistent with section 512 of this title (Digital Millennium Copyright 
Act).
``(c) No Criminal Penalties.--This chapter provides only civil 
remedies.
``Sec. 1405. Preemption and severability
``(a) Preemption.--This chapter preempts any State law that 
provides equivalent rights or remedies for unique likeness, to ensure 
uniformity.
``(b) Severability.--If any provision of this chapter is held 
invalid, the remainder shall not be affected.''.

SEC. 3. EFFECTIVE DATE.

This Act takes effect 90 days after the date of enactment.
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