H.R. 8915

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8915 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 8915

To protect intellectual property rights in the voice and visual 
likeness of individuals, and for other purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

May 20, 2026

Ms. Salazar (for herself, Ms. Dean of Pennsylvania, Mr. Moran, Mr. 
Morelle, Ms. Balint, Mr. Wittman, Mr. Moskowitz, Ms. Friedman, Ms. Lee 
of Nevada, and Ms. Lee of Florida) introduced the following bill; which 
was referred to the Committee on the Judiciary

_______________________________________________________________________

A BILL

To protect intellectual property rights in the voice and visual 
likeness of individuals, 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 ``Nurture Originals, Foster Art, and 
Keep Entertainment Safe Act of 2026'' or the ``NO FAKES Act of 2026''.

SEC. 2. VOICE AND VISUAL LIKENESS RIGHTS.

(a) Definitions.--In this section:
(1) Digital fingerprint.--The term ``digital fingerprint'' 
means an electronic label or identifier created by a 
cryptographic hash function (or similar function), or any other 
digital process, tool, or technique selected by the provider of 
an online service, that is unique to a specific piece of 
material such that it is effectively certain that such piece of 
material will not be misidentified as a match for a different 
piece of material.
(2) Digital replica.--The term ``digital replica''--
(A) means a newly created, computer-generated, 
highly realistic electronic representation that is 
readily identifiable as the voice or visual likeness of 
an individual that--
(i) is embodied in a sound recording, 
image, audiovisual work, including an 
audiovisual work that does not have any 
accompanying sounds, or transmission--
(I) in which the actual individual 
did not actually perform or appear; or
(II) that is a version of a sound 
recording, image, or audiovisual work 
in which the actual individual did 
perform or appear, in which the 
fundamental character of the 
performance or appearance has been 
materially altered; and
(B) does not include the electronic reproduction, 
use of a sample of one sound recording or audiovisual 
work into another, remixing, mastering, or digital 
remastering of a sound recording or audiovisual work 
authorized by the copyright holder.
(3) Individual.--The term ``individual'' means a human 
being, living or dead.
(4) Interactive computer service.--The term ``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) a service or system that provides access to the 
internet; and
(B) such systems operated, or services offered, by 
libraries or educational institutions.
(5) Online service.--The term ``online service''--
(A) means--
(i) any website, online application, mobile 
application, or virtual reality environment 
that predominantly provides public access to 
user uploaded material;
(ii) any digital music provider to which 
section 115 of title 17, United States Code, 
applies, to the extent that the digital music 
provider provides public access to a 
significant amount of sound recordings that are 
predominantly the fixation of sounds of a 
performance of a musical composition and are 
user uploaded material, if that digital music 
provider is not covered under clause (i); and
(iii) any online application, mobile 
application, virtual reality environment, 
application store, search engine (including any 
feature that provides web search results), 
advertising service or network, online shopping 
service or platform, electronic commerce 
provider, mapping service, cloud storage 
service, aggregator of visual and audiovisual 
works for licensing, or website hosting service 
or any other interactive computer service that 
is not covered under clause (i), and is not a 
digital music provider to which section 115 of 
title 17, United States Code, applies, but only 
if the provider of that interactive computer 
service has registered a designated agent with 
the Copyright Office under subsection (d)(2); 
and
(B) does not include any website, online 
application, mobile application, virtual reality 
environment, application store, cloud storage service, 
or search engine, if the primary function of that 
website, online application, mobile application, 
virtual reality environment, application store, cloud 
storage service, or search engine is to distribute, 
import, transmit, or otherwise make available to the 
public a product or service described in subsection 
(c)(2)(B).
(6) Right holder.--The term ``right holder'' means--
(A) the individual, the voice or visual likeness of 
whom is at issue with respect to a digital replica or a 
product or service described in subsection (c)(2)(B); 
and
(B) any other individual or entity that has 
acquired, through a license, inheritance, or otherwise, 
the right to authorize the use of the voice or visual 
likeness described in subparagraph (A).
(7) Sound recording artist.--The term ``sound recording 
artist'' means an individual who creates or performs in sound 
recordings for economic gain or for the livelihood of the 
individual.
(8) User uploaded material.--The term ``user uploaded 
material'' means material, such as a video, image, game, audio 
file, or other similar material, that is placed on a service 
directly by, or at the direction of, a consumer end user of a 
service.
(b) Digital Replication Right.--
(1) In general.--Subject to the other provisions of this 
section, each individual or right holder shall have the right 
to authorize the use of the voice or visual likeness of the 
individual--
(A) in a digital replica; or
(B) in connection with a product or service for 
which authorization of the individual or right holder 
is required to avoid liability with respect to an 
activity described in subsection (c)(2)(B).
(2) Nature of right.--
(A) In general.--The right described in paragraph 
(1) shall have the following characteristics:
(i) The right is--
(I) a property right;
(II) not assignable during the life 
of the individual; and
(III) licensable, in whole or in 
part, exclusively or non-exclusively, 
by the right holder.
(ii) The right shall not expire upon the 
death of the individual, without regard to 
whether the right is commercially exploited by 
the individual during the lifetime of the 
individual.
(iii) Upon the death of the individual--
(I) the right is transferable and 
licensable, in whole or in part, by the 
executors, heirs, assignees, licensees, 
or devisees of the individual; and
(II) ownership of the right may 
be--
(aa) transferred, in whole 
or in part, by any means of 
conveyance or by operation of 
law; and
(bb) bequeathed by will or 
pass as personal property by 
the applicable laws of 
intestate succession.
(iv) The right shall be exclusive to--
(I) the individual, subject to the 
licensing of the right during the 
lifetime of that individual under 
subparagraph (B); and
(II) the right holder--
(aa) for a period of 10 
years after the death of the 
individual; and
(bb) if the right holder 
demonstrates active and 
authorized public use of the 
voice or visual likeness of the 
individual in interstate or 
foreign commerce during the 2-
year period preceding the 
expiration of the 10-year 
period described in item (aa), 
for an additional 5-year 
period, subject to renewal for 
additional 5-year periods, 
provided the right holder can 
demonstrate authorized public 
use of the voice or visual 
likeness of the individual in 
interstate or foreign commerce 
during the 2-year period 
preceding the expiration of 
each additional 5-year period.
(v) The right shall terminate on the date 
that is the earlier of--
(I) the date on which the 10-year 
period or 5-year period described in 
clause (iv)(II) terminates without 
renewal; or
(II) the date that is 70 years 
after the death of the individual.
(B) Requirements for license.--
(i) In general.--A license described in 
subparagraph (A)(i)(III)--
(I) while the individual is living, 
is valid only to the extent that the 
license duration does not exceed 10 
years; and
(II) shall be valid only if the 
license agreement--
(aa) is in writing and 
signed by the individual or an 
authorized representative of 
the individual; and
(bb) includes a reasonably 
specific description of the 
intended uses of the applicable 
digital replica.
(ii) Licenses involving a minor.--A license 
described in subparagraph (A)(i)(III) involving 
a living individual who is younger than 18 
years of age--
(I) is valid only to the extent 
that the license duration does not 
exceed 5 years, but in any case 
terminates when the individual reaches 
18 years of age; and
(II) shall be valid only if the 
license agreement--
(aa) is in writing and 
signed by the individual or an 
authorized representative of 
the individual;
(bb) includes a reasonably 
specific description of the 
intended uses of the digital 
replica; and
(cc) is approved by a court 
in accordance with applicable 
State law.
(iii) Collective bargaining agreements.--
The provisions of clauses (i) and (ii) shall 
not apply with respect to a license if the 
license is governed by a collective bargaining 
agreement that addresses digital replicas.
(iv) Limitation.--The provisions of clauses 
(i) and (ii) shall not affect terms and 
conditions of a license or related contract 
other than those described in this 
subparagraph, and the expiration of that 
license shall not affect the remainder of the 
license or related contract.
(C) Requirements for post-mortem transfer.--A post-
mortem transfer or license described in subparagraph 
(A)(iii)(I) shall be valid only if the transfer 
agreement or license agreement is in writing and signed 
by the right holder or an authorized representative of 
the right holder.
(D) Registration for post-mortem renewal.--
(i) In general.--The renewal of a post-
mortem right under subparagraph (A)(iv)(II)(bb) 
shall be effective if, during the applicable 2-
year renewal period described in that 
subparagraph, the right holder files a notice 
with the Register of Copyrights that complies 
with such requirements regarding form and 
filing procedures as the Register of Copyrights 
may prescribe by regulation, which shall 
include--
(I) the name of the deceased 
individual;
(II) a statement, under penalty of 
perjury, that the right holder has 
engaged in active and authorized public 
use of the voice or visual likeness in 
interstate or foreign commerce during 
the applicable 2-year period;
(III) the identity of and contact 
information for the right holder; and
(IV) such other information as the 
Register of Copyrights may prescribe by 
regulation.
(ii) Directory.--The Register of 
Copyrights--
(I) shall--
(aa) maintain a current 
directory of post-mortem 
digital replication rights 
registered under this 
subparagraph; and
(bb) make the directory 
described in item (aa) 
available to the public for 
inspection online; and
(II) may require payment of a 
reasonable filing fee by the right 
holder filing notice under clause (i), 
which may take into consideration the 
costs of maintaining the directory 
described in subclause (I) of this 
clause.
(iii) Voluntary initial registration.--
(I) In general.--A right holder may 
voluntarily register the post-mortem 
right under subparagraph 
(A)(iv)(II)(aa) by filing a notice with 
the Register of Copyrights that 
complies with such requirements 
regarding form, content, and filing 
procedures as the Register of 
Copyrights may prescribe by regulation.
(II) Authority of register of 
copyrights.--The Register of Copyrights 
may--
(aa) include a voluntary 
registration of the post-mortem 
right under subparagraph 
(A)(iv)(II)(aa) in the 
directory maintained under 
clause (ii)(I)(aa) of this 
subparagraph; and
(bb) require payment of a 
reasonable filing fee by a 
right holder registering a 
right under this clause, which 
may take into consideration the 
costs of maintaining the 
directory.
(iv) Authority of register of copyrights.--
The Register of Copyrights may make such 
interpretations and resolve such ambiguities as 
may be appropriate to carry out this 
subparagraph.
(E) Post-expiration or termination utilization of 
authorized uses.--A digital replica that is embodied in 
a sound recording, image, audiovisual work, including 
an audiovisual work that does not have any accompanying 
sounds, or transmission, and the use of which is 
authorized pursuant to the terms of a license, may 
continue to be utilized in a manner consistent with the 
terms of that license after the expiration or 
termination of the license.
(c) Liability.--
(1) In general.--Any individual or entity that, in a manner 
affecting interstate or foreign commerce (or using any means or 
facility of interstate or foreign commerce), engages in an 
activity described in paragraph (2) shall be liable in a civil 
action brought under subsection (e).
(2) Activities described.--An activity described in this 
paragraph is either of the following:
(A) The public display, distribution, transmission, 
or communication of, or the act of otherwise making 
available to the public, including by acting as a third 
party commercial supplier of sound recordings to a 
digital music provider, a digital replica without 
authorization by the applicable right holder.
(B) Distributing, importing, transmitting, or 
otherwise making available to the public a product or 
service that--
(i) is primarily designed to produce 1 or 
more digital replicas of a specifically 
identified individual or individuals without 
the authorization of--
(I) such individual or individuals;
(II) the applicable right holder; 
or
(III) the law;
(ii) has only limited commercially 
significant purpose or use other than to 
produce a digital replica of a specifically 
identified individual or individuals without 
the authorization of--
(I) such individual or individuals;
(II) the applicable right holder; 
or
(III) the law; or
(iii) is marketed, advertised, or otherwise 
promoted by the individual or entity described 
in paragraph (1), or another individual or 
entity acting in concert with the individual or 
entity described in paragraph (1) with the 
knowledge of the individual or entity described 
in paragraph (1), as a product or service 
designed to produce a digital replica of a 
specifically identified individual or 
individuals without the authorization of--
(I) such individual or individuals;
(II) the applicable right holder; 
or
(III) the law.
(3) Notice or knowledge required.--To incur liability under 
this subsection, the following shall apply:
(A)(i) With respect to an activity carried out 
under paragraph (2) by the provider of an online 
service described in clause (ii), the designated agent 
with respect to the provider must have received a 
notification that satisfies the requirements under 
subsection (d)(3), or a court order stating, or must 
have willfully avoided receipt of such a notification 
or court order, that the applicable material is--
(I) a digital replica that was not 
authorized by the applicable right holder; or
(II) a product or service described in 
paragraph (2)(B).
(ii) An online service described in this clause is 
an online service that is--
(I) described in subsection (a)(5)(A)(i);
(II) described in subsection (a)(5)(A)(ii), 
with respect to sound recordings that are 
predominantly the fixation of sounds of a 
performance of a musical composition and are 
user uploaded material; or
(III) described in subsection 
(a)(5)(A)(iii), with respect to material placed 
on that online service by or at the direction 
of a third party.
(B) With respect to an activity carried out under 
paragraph (2) by an individual or entity that is not an 
online service, or an activity carried out under 
paragraph (2) by the provider of an online service that 
is not described in subparagraph (A)(ii), the 
individual or entity must have actual knowledge, or 
must willfully avoid having such knowledge, that the 
applicable material is--
(i) a digital replica that was not 
authorized by the applicable right holder; or
(ii) a product or service described in 
paragraph (2)(B).
(4) Exclusions.--Liability under this subsection shall not 
extend to--
(A) a service by wire or radio that provides the 
capability to transmit data to and receive data from 
all, or substantially all, internet endpoints, 
including any capabilities that are incidental to 
enable the operation of the communications service of a 
provider of online services or network access, or the 
operator of facilities for such service;
(B) a provider of an online service described in 
paragraph (3)(A)(ii) alleged to have undertaken an 
activity described in paragraph (2) if--
(i) it is not technologically or 
practically feasible for that provider to 
disable access to the offending material, or 
disable the reference or link to that material, 
at the specific location identified in the 
applicable notification sent under subsection 
(d)(3); or
(ii) disabling access to the offending 
material is prohibited by law;
(C) a nonprofit library or archives--
(i) that is eligible for the limitations on 
exclusive rights under section 108 of title 17, 
United States Code;
(ii) the collections of which are--
(I) open to the public; or
(II) available not only to 
researchers affiliated with the library 
or archives, or with the institution of 
which the library or archives is a 
part, but also to other persons doing 
research in a specialized field;
(iii) that has a public service mission;
(iv) the trained staff or volunteers of 
which provide professional services normally 
associated with libraries and archives; and
(v) the collections of which are composed 
of lawfully acquired or licensed materials that 
are made available consistent with the 
requirements of title 17, United States Code;
(D) an accredited nonprofit educational institution 
with respect to an activity undertaken without any 
purpose of direct or indirect commercial advantage;
(E) an employee of an institution described in 
subparagraph (C) or (D) acting within the scope of the 
employment of that individual;
(F) any other person solely with respect to 
providing online or network access services to an 
institution described in subparagraph (C) or (D) in the 
course of providing those services to that institution; 
or
(G) an individual or entity that is not an online 
service, if, upon obtaining actual knowledge of an 
activity described in paragraph (2), the individual or 
entity acts as soon as technologically and practically 
feasible to remove or disable access to the applicable 
material.
(5) Additional exclusions.--
(A) In general.--An activity shall not be 
considered to be an activity described in paragraph (2) 
if--
(i) the applicable digital replica is 
produced or used in a bona fide news, public 
affairs, or sports broadcast or account, 
provided that the digital replica is the 
subject of, or is materially relevant to, the 
subject of that broadcast or account;
(ii) the applicable digital replica is a 
representation of the applicable individual as 
the individual in a documentary or in a 
historical or biographical manner, including 
some degree of fictionalization, unless--
(I) the production or use of that 
digital replica creates the false 
impression that the work is an 
authentic sound recording, image, 
transmission, or audiovisual work in 
which the individual participated; or
(II) the digital replica is 
embodied in a musical sound recording 
that is synchronized to accompany a 
motion picture or other audiovisual 
work, except to the extent that the use 
of that digital replica is protected by 
the First Amendment to the Constitution 
of the United States;
(iii) the applicable digital replica is 
produced or used consistent with the public 
interest in bona fide commentary, criticism, 
scholarship, satire, or parody;
(iv) the use of the applicable digital 
replica is fleeting or negligible; or
(v) the applicable digital replica is used 
in an advertisement or commercial announcement 
for a purpose described in any of clauses (i) 
through (iv) and the applicable digital replica 
is relevant to the subject of the work so 
advertised or announced.
(B) Applicability.--Subparagraph (A) shall not 
apply where the applicable digital replica is used to 
depict sexually explicit conduct, as defined in section 
2256(2)(A) of title 18, United States Code.
(6) Voluntary use of tools to remove or disable access.--
The voluntary use of any tool to remove or disable access to 
content shall not alone confer actual knowledge of a particular 
violation of this section.
(d) Safe Harbors.--
(1) In general.--
(A) Products and services capable of producing 
digital replicas.--No individual or entity shall be 
directly or secondarily liable under this section for 
an activity described in subsection (c)(2)(A) by virtue 
of distributing, importing, transmitting, or otherwise 
making available to the public a product or service 
unless the product or service is a product or service 
described in subsection (c)(2)(B).
(B) Online services.--The provider of an online 
service shall not be liable for an activity that 
violates subsection (c), or for referring or linking to 
the material containing an unauthorized digital replica 
or a product or service described in subsection 
(c)(2)(B), if--
(i) for the provider of an online service 
described in subsection (a)(5)(A)(iii) (other 
than a search engine or a search component of a 
service), the provider has adopted and 
reasonably implemented, and has informed users 
of the online service of, a policy that 
provides for the termination in appropriate 
circumstances of account holders of the online 
service that are repeat violators of subsection 
(c)(2), provided that the failure to terminate 
a particular account holder in accordance with 
that policy shall subject the provider of the 
online service to potential liability only with 
respect to violating content posted by that 
account holder; and
(ii)(I) upon receiving a notification that 
satisfies the requirements under paragraph (3), 
the provider--
(aa) removes or disables access to 
the work embodying the claimed 
unauthorized digital replica or the 
product or service specifically 
identified in a notice sent under that 
paragraph, or, as applicable, the link 
or reference to the unauthorized 
digital replica or product or service, 
as soon as is technologically and 
practically feasible for that provider;
(bb) for the provider of an online 
service described in subsection 
(a)(5)(A)(i), as soon as is 
technologically and practically 
feasible for that provider, removes or 
disables access to all other publicly 
available instances of the work 
embodying the claimed unauthorized 
digital replica that--
(AA) match the digital 
fingerprint of an unauthorized 
digital replica specifically 
identified in a notification 
sent under paragraph (3); and
(BB) are uploaded after 
valid, applicable notice was 
submitted to, and processed by, 
the provider;
(cc) for the provider of an online 
service described in subsection 
(a)(5)(A)(ii), with respect to sound 
recordings that are predominantly the 
fixation of sounds of a performance of 
a musical composition and are user 
uploaded material, as soon as is 
technologically and practically 
feasible for that provider, removes or 
disables access to all other publicly 
available instances of the work 
embodying the claimed unauthorized 
digital replica that--
(AA) match the digital 
fingerprint of an unauthorized 
digital replica specifically 
identified in a notification 
sent under paragraph (3); and
(BB) are uploaded after 
valid, applicable notice was 
submitted to, and processed by, 
the provider; and
(dd) takes reasonable steps to 
promptly notify the right holder, and 
the party that placed the material on 
the online service, that the online 
service removed or disabled access to 
the material; and
(II) the provider, in the case that the 
provider receives a counter-notification that 
satisfies the requirements under paragraph (4) 
and opts to replace the removed material or 
cease disabling access to that material--
(aa) takes reasonable steps to 
promptly provide the individual or 
entity that provided the applicable 
notification under paragraph (3) with a 
copy of the counter-notification; and
(bb) not less than 14 days after 
the date on which the provider receives 
that counter-notification, replaces the 
removed material or ceases disabling 
access to that material, unless an 
eligible plaintiff described in 
subsection (e) brings an action under 
that subsection, in which case the 
provider shall remove the material or 
disable access to the material as soon 
as is technologically and practically 
feasible for the provider.
(2) Designated agent.--
(A) Designation.--
(i) In general.--A provider of an online 
service described in clause (i) or (ii) of 
subsection (a)(5)(A) shall, and a provider of 
an online service that is described in 
subsection (a)(5)(A)(iii) and is eligible for 
registration may, register a designated agent 
in accordance with this paragraph.
(ii) Contents.--To designate an agent under 
clause (i), the provider of an online service 
shall make available through that online 
service, in a location accessible to the 
public, and provide to the Copyright Office, 
substantially the following information:
(I) The name, address, telephone 
number, and electronic mail address of 
the agent.
(II) Other contact information that 
the Register of Copyrights may 
determine appropriate.
(B) Directory.--The Register of Copyrights--
(i) shall--
(I) maintain a current directory of 
designated agents for the purposes of 
this paragraph; and
(II) make the directory described 
in subclause (I) available to the 
public for inspection, including 
through the internet; and
(ii) may require payment of a fee by the 
provider of an online service to cover the 
costs of maintaining the directory described in 
clause (i)(I).
(C) Effect of failure to designate.--There shall be 
established a presumption that a provider of an online 
service described in subparagraph (A)(i) has not 
undertaken a good faith effort to comply with this 
subsection if the provider has failed to register a 
designated agent under this paragraph by the later of--
(i) the date that is 90 days after the 
effective date of this section; or
(ii) the date that is 90 days after the 
date on which the provider becomes a provider 
described in subparagraph (A)(i).
(3) Elements of notification.--To be effective under this 
subsection, a notification of a claimed violation of the right 
described in subsection (b) shall be a written communication 
provided to the designated agent registered under this 
subsection with respect to the applicable provider of an online 
service that includes the following:
(A) A physical or electronic signature of the right 
holder, an individual or entity authorized to act on 
behalf of the right holder, or an eligible plaintiff 
under subsection (e)(1).
(B) Identification of the individual, the voice or 
visual likeness of whom is at issue with respect to an 
unauthorized digital replica or a product or service 
described in subsection (c)(2)(B).
(C) Identification of the material containing an 
unauthorized digital replica or a product or service 
described in subsection (c)(2)(B), including 
information sufficient to allow the provider to locate 
the identified material.
(D) Information reasonably sufficient to permit the 
provider to contact the notifying party, such as an 
address, telephone number, and email address.
(E) A statement that the notifying party believes 
in good faith that--
(i) the material is an unauthorized use of 
a digital replica or a product or service 
described in subsection (c)(2)(B); and
(ii) the exclusions under subsection (c)(5) 
do not apply.
(F) If not the right holder or an eligible 
plaintiff under subsection (e)(1), a statement, under 
penalty of perjury, that the notifying party has the 
authority to act on behalf of the right holder.
(G) For the purposes of paragraph (1)(B), 
information reasonably sufficient to--
(i) identify the reference or link to the 
material or activity claimed to be or 
containing an unauthorized digital replica, or 
a product or service described in subsection 
(c)(2)(B), that is to be removed or to which 
access is to be disabled; and
(ii) permit the provider to locate the 
reference or link described in clause (i).
(4) Elements of counter-notification.--To be effective 
under this subsection, a counter-notification with respect to a 
notification provided under paragraph (3) shall be a written 
communication that satisfies the following:
(A) The counter-notification is provided--
(i) to the designated agent of the online 
service provider to which that notification was 
submitted under paragraph (3); and
(ii) by the party that placed the 
applicable material on the online service.
(B) The counter notification includes the 
following:
(i) A physical signature, witnessed or 
attested to in person by a licensed notary 
public, of the individual or entity that placed 
the applicable material on the online service.
(ii) An identification of the material that 
has been removed or to which access has been 
disabled and the location at which the material 
appeared before the material was removed or 
access to the material was disabled.
(iii) Information that is reasonably 
sufficient to permit the provider of the online 
service and the individual or entity that 
provided the notification under paragraph (3) 
to contact the party providing the counter-
notification, including an address, telephone 
number, and email address.
(iv) A statement made under penalty of 
perjury that the party providing the counter-
notification has a good faith belief that the 
applicable material was removed, or access to 
that material was disabled, as a result of 
mistake or misidentification of the material to 
be removed or access to which was to be 
disabled, which shall include a specific 
assertion by the party providing the counter-
notification that such material--
(I) is not a digital replica;
(II) is an authorized digital 
replica; or
(III) is an unauthorized digital 
replica that satisfies an exclusion 
under paragraph (4) or (5) of 
subsection (c), or any other 
requirements with respect to a valid 
legal defense, which shall include a 
succinct explanation of how such 
material satisfies the applicable 
exclusion or requirement.
(v) A statement that the individual or 
entity described in clause (i)--
(I) consents to the jurisdiction of 
the district court of the United States 
for the judicial district in which the 
address provided under clause (iii) is 
located (or, if that address is outside 
of the United States, for any judicial 
district of the United States in which 
the provider may be found); and
(II) will accept service of process 
from--
(aa) the individual or 
entity that provided 
notification under paragraph 
(3); or
(bb) an agent of the 
individual or entity described 
in item (aa).
(5) Penalties for false or deceptive notice.--
(A) Knowing material representations.--
(i) In general.--It shall be unlawful to 
knowingly materially misrepresent--
(I) in a notification provided 
under paragraph (3)--
(aa) that the material 
requested to be removed, or 
access to which is requested to 
be disabled, is an unauthorized 
digital replica;
(bb) that the exclusions 
under subsection (c)(5) do not 
apply; or
(cc) that an individual or 
entity has the authority to act 
on behalf of the right holder; 
or
(II) in a counter-notification 
provided under paragraph (4)--
(aa) that the material 
removed, or to which access was 
disabled--

(AA) was removed or 
disabled by mistake or 
misidentification;

(BB) is not a 
digital replica; or

(CC) is subject to 
an exclusion under 
subsection (c)(5) or 
any other valid legal 
defense.

(ii) Failure to perform good faith 
review.--The failure to consider in good faith 
any of the issues described in clause (i)(I) 
before providing a notification under paragraph 
(3), or any of the issues described in clause 
(i)(II) before providing a counter-notification 
under paragraph (4), shall constitute a knowing 
material misrepresentation under this 
subparagraph.
(B) Penalties.--In addition to a cause of action 
and remedies made available under subsection (e), any 
individual or entity that violates subparagraph (A) of 
this paragraph shall be liable to the applicable right 
holder, the alleged violator that uploaded the 
applicable material, or the provider of an online 
service injured by the misrepresentation, for an amount 
equal to the greater of--
(i) $25,000 per notification provided under 
paragraph (3), or counter-notification provided 
under paragraph (4), that contains a 
misrepresentation described in subparagraph (A) 
of this paragraph; or
(ii)(I) any actual damages incurred by the 
applicable right holder or alleged violator, as 
well as by any provider of an online service or 
other individual or entity injured by the 
misrepresentation; and
(II) any costs and attorney's fees incurred 
by the applicable recipient of a notification 
under paragraph (3), or a counter-notification 
under paragraph (4), that prevails in an action 
alleging that the notification or counter-
notification, as applicable, was false or 
deceptive.
(e) Civil Action.--
(1) Eligible plaintiffs.--A civil action against an 
individual or entity that, in a manner affecting interstate 
commerce (or using any means or facility of interstate 
commerce), commits a violation of subsection (c) may be brought 
by--
(A) the applicable right holder;
(B) if the applicable right holder is an individual 
who is younger than 18 years of age, a parent or 
guardian of that individual; or
(C) in the case of a digital replica involving a 
sound recording artist, any individual or entity that 
has, directly or indirectly, entered into--
(i) a contract for the exclusive personal 
services of the sound recording artist as a 
sound recording artist; or
(ii) an exclusive license to distribute or 
transmit 1 or more works that capture the audio 
performance of the sound recording artist.
(2) Limitations period.--A civil action may not be brought 
under this subsection unless the civil action is commenced not 
later than 3 years after the date on which the party seeking to 
bring the civil action discovered, or with due diligence should 
have discovered, the applicable violation.
(3) Defense not permitted.--It shall not be a defense in a 
civil action brought under this subsection that the defendant 
displayed or otherwise communicated to the public a disclaimer 
stating that the applicable digital replica, or the applicable 
product or service described in subsection (c)(2)(B), was 
unauthorized or disclosed that the digital replica, product, or 
service was generated through the use of artificial 
intelligence or other technology.
(4) Remedies.--
(A) In general.--In any civil action brought under 
this subsection--
(i) an individual or entity found to have 
committed a violation of subsection (c) shall 
be liable to the injured party in an amount 
equal to the greater of--
(I)(aa) in the case of an 
individual, $5,000 per work embodying 
the applicable unauthorized digital 
replica;
(bb) in the case of a provider of 
an online service that has undertaken a 
good faith effort to implement all 
applicable obligations of paragraphs 
(1) through (4) of subsection (d), 
$25,000 per work embodying the 
applicable unauthorized digital 
replica;
(cc) in the case of a provider of 
an online service that has not 
undertaken a good faith effort to 
implement all applicable obligations of 
paragraphs (1) through (4) of 
subsection (d), $5,000 per display, 
copy made, transmission, and instance 
of the unauthorized digital replica 
being made available on the online 
service in a sum of not more than 
$750,000 per work embodying the 
applicable unauthorized digital 
replica; and
(dd) in the case of an entity that 
is not a provider of an online service, 
$25,000 per work embodying the 
applicable unauthorized digital 
replica; or
(II) any actual damages suffered by 
the injured party as a result of the 
activity, plus any profits from the 
unauthorized use that are attributable 
to such use and are not taken into 
account in computing the actual 
damages;
(ii) an individual or entity found to have 
violated subsection (c) by virtue of engaging 
in an activity described in subsection 
(c)(2)(B) shall be liable to the injured party 
in an amount equal to the greater of--
(I)(aa) in the case of an 
individual, $5,000 per product or 
service;
(bb) in the case of a provider of 
an online service that has undertaken a 
good faith effort to implement all 
applicable obligations of paragraphs 
(1) through (4) of subsection (d), 
$25,000 per product or service;
(cc) in the case of a provider of 
an online service that has not 
undertaken a good faith effort to 
implement all applicable obligations of 
paragraphs (1) through (4) of 
subsection (d), $750,000 per product or 
service; or
(dd) in the case of an entity that 
is not a provider of an online service, 
$25,000 per product or service; or
(II) any actual damages suffered by 
the injured party as a result of the 
activity, plus any profits from the 
unauthorized use that are attributable 
to such use and are not taken into 
account in computing the actual 
damages;
(iii) the plaintiff may seek injunctive or 
other equitable relief;
(iv) in the case of willful activity in 
which the injured party has proven that the 
defendant acted with malice, fraud, knowledge, 
or willful avoidance of knowledge that the 
conduct violated the law, the court may award 
to the injured party punitive damages; and
(v) if the prevailing party is--
(I) the party bringing the action, 
the court shall award reasonable 
attorney's fees; or
(II) the party defending the 
action, the court shall award 
reasonable attorney's fees if the court 
determines that the action was not 
brought in good faith.
(B) Objectively reasonable belief.--A provider of 
an online service that has designated an agent under 
subsection (d)(2) and has an objectively reasonable 
belief that material that is claimed to be an 
unauthorized digital replica does not qualify as a 
digital replica shall be liable only for actual damages 
under subparagraph (A) if the material is ultimately 
determined to be an unauthorized digital replica.
(f) Subpoena To Identify Violator.--
(1) Request.--A right holder, an individual or entity 
authorized to act on behalf of a right holder, or an eligible 
plaintiff under subsection (e)(1) may request the clerk of any 
district court of the United States to issue a subpoena to a 
provider of an online service for identification of an alleged 
violator of this section in accordance with this subsection.
(2) Contents of request.--A request under paragraph (1) may 
be made by filing with the clerk--
(A) a copy of a notification described in 
subsection (d)(3);
(B) a proposed subpoena; and
(C) a sworn declaration to the effect that--
(i) the purpose of the subpoena is to 
obtain the identity of an individual or entity 
alleged to be liable under subsection (c); and
(ii) the information described in clause 
(i) will only be used for the purpose of 
protecting rights under this section.
(3) Contents of subpoena.--A subpoena issued under this 
subsection shall authorize and order the provider of the 
applicable online service to expeditiously disclose to the 
party that sought the subpoena information sufficient to 
identify the alleged violator by virtue of the activity 
described in the notification to the extent that information is 
available to the provider of the online service.
(4) Basis for granting subpoena.--If a proposed subpoena 
under this subsection is in proper form, the applicable 
notification filed satisfies the requirements under subsection 
(d)(3), and the accompanying declaration is properly executed, 
the clerk shall expeditiously issue and sign the proposed 
subpoena and return the subpoena to the requester for delivery 
to the provider of the applicable online service.
(g) Preemption.--
(1) In general.--The rights established under this Act 
shall preempt any cause of action under State law for the 
protection of an individual's voice and visual likeness rights 
in connection with a digital replica, as defined in this Act, 
in an expressive work.
(2) Rule of construction.--Notwithstanding paragraph (1), 
nothing in this Act may be construed to preempt--
(A) causes of action under State statutes or common 
law in existence, as of January 2, 2025, regarding a 
digital replica;
(B) causes of action under State statutes 
specifically regulating a digital replica depicting 
sexually explicit conduct, as defined in section 
2256(2)(A) of title 18, United States Code, or an 
election-related digital replica; or
(C) causes of action under State statutes or common 
law in existence, as of January 2, 2025, for the 
distributing, importing, transmitting, or otherwise 
making available to the public a product or service 
capable of producing 1 or more digital replicas.
(h) Rules of Construction.--
(1) Laws pertaining to intellectual property.--This section 
shall be considered to be a law pertaining to intellectual 
property for the purposes of section 230(e)(2) of the 
Communications Act of 1934 (47 U.S.C. 230(e)(2)).
(2) No duty to monitor.--Except as expressly provided in 
subsection (d)(1)(B)(ii), nothing in this section may be 
construed to require the provider of an online service to--
(A) monitor the online service for, or 
affirmatively seek facts about, any digital replica; or
(B) gain access to material.
(i) Severability.--If any provision of this section, or the 
application of a provision of this section, is held to be invalid, the 
validity of the remainder of this section, and the application of that 
provision to other individuals, entities, and circumstances, shall not 
be affected by that holding.
(j) Retroactive Effect.--
(1) Liabilities.--Liability under this section shall apply 
only to--
(A) conduct occurring after the date of enactment 
of this Act; and
(B) in the case of conduct covered by a license or 
contract, a license or contract that is executed after 
the date of enactment of this Act.
(2) Digital replication right.--The right granted under 
subsection (b)--
(A) shall apply to any individual, regardless of 
whether the individual dies before, on, or after the 
date of enactment of this Act; and
(B) in the case of a right holder who has died 
before the date of enactment of this Act, shall vest in 
the executors, heirs, assignees, or devisees of the 
right holder.
(k) Effective Date.--This Act shall take effect on the date that is 
180 days after the date of enactment of this Act.
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