S. 4591

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4591 Reported in Senate (RS)]

<DOC>

Calendar No. 446
119th CONGRESS
2d Session
S. 4591

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

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

May 20, 2026

Mr. Coons (for himself, Mrs. Blackburn, Ms. Klobuchar, Mr. Tillis, Mr. 
Durbin, Mrs. Britt, Ms. Hirono, Mrs. Moody, Mr. Welch, Mr. Cassidy, Mr. 
Schiff, Mr. Hagerty, Ms. Slotkin, Mr. Lankford, Mr. Blumenthal, and Mr. 
Scott of Florida) introduced the following bill; which was read twice 
and referred to the Committee on the Judiciary

June 24, 2026

Reported by Mr. Grassley, with an amendment
[Strike out all after the enacting clause and insert the part printed 
in italic]

_______________________________________________________________________

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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED> 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''.</DELETED>

<DELETED>SEC. 2. VOICE AND VISUAL LIKENESS RIGHTS.</DELETED>

<DELETED> (a) Definitions.--In this section:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Digital replica.--The term ``digital 
replica''--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) is embodied in a sound 
recording, image, audiovisual work, including 
an audiovisual work that does not have any 
accompanying sounds, or transmission--
</DELETED>
<DELETED> (I) in which the actual 
individual did not actually perform or 
appear; or</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Individual.--The term ``individual'' means a 
human being, living or dead.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) a service or system that provides 
access to the internet; and</DELETED>
<DELETED> (B) such systems operated, or services 
offered, by libraries or educational 
institutions.</DELETED>
<DELETED> (5) Online service.--The term ``online service''--
</DELETED>
<DELETED> (A) means--</DELETED>
<DELETED> (i) any website, online 
application, mobile application, or virtual 
reality environment that predominantly provides 
public access to user uploaded 
material;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (6) Right holder.--The term ``right holder'' 
means--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Digital Replication Right.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) in a digital replica; or</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Nature of right.--</DELETED>
<DELETED> (A) In general.--The right described in 
paragraph (1) shall have the following 
characteristics:</DELETED>
<DELETED> (i) The right is--</DELETED>
<DELETED> (I) a property 
right;</DELETED>
<DELETED> (II) not assignable during 
the life of the individual; 
and</DELETED>
<DELETED> (III) licensable, in whole 
or in part, exclusively or non-
exclusively, by the right 
holder.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (iii) Upon the death of the 
individual--</DELETED>
<DELETED> (I) the right is 
transferable and licensable, in whole 
or in part, by the executors, heirs, 
assignees, licensees, or devisees of 
the individual; and</DELETED>
<DELETED> (II) ownership of the 
right may be--</DELETED>
<DELETED> (aa) transferred, 
in whole or in part, by any 
means of conveyance or by 
operation of law; and</DELETED>
<DELETED> (bb) bequeathed by 
will or pass as personal 
property by the applicable laws 
of intestate 
succession.</DELETED>
<DELETED> (iv) The right shall be exclusive 
to--</DELETED>
<DELETED> (I) the individual, 
subject to the licensing of the right 
during the lifetime of that individual 
under subparagraph (B); and</DELETED>
<DELETED> (II) the right holder--
</DELETED>
<DELETED> (aa) for a period 
of 10 years after the death of 
the individual; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (v) The right shall terminate on 
the date that is the earlier of--</DELETED>
<DELETED> (I) the date on which the 
10-year period or 5-year period 
described in clause (iv)(II) terminates 
without renewal; or</DELETED>
<DELETED> (II) the date that is 70 
years after the death of the 
individual.</DELETED>
<DELETED> (B) Requirements for license.--</DELETED>
<DELETED> (i) In general.--A license 
described in subparagraph (A)(i)(III)--
</DELETED>
<DELETED> (I) while the individual 
is living, is valid only to the extent 
that the license duration does not 
exceed 10 years; and</DELETED>
<DELETED> (II) shall be valid only 
if the license agreement--</DELETED>
<DELETED> (aa) is in writing 
and signed by the individual or 
an authorized representative of 
the individual; and</DELETED>
<DELETED> (bb) includes a 
reasonably specific description 
of the intended uses of the 
applicable digital 
replica.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (II) shall be valid only 
if the license agreement--</DELETED>
<DELETED> (aa) is in writing 
and signed by the individual or 
an authorized representative of 
the individual;</DELETED>
<DELETED> (bb) includes a 
reasonably specific description 
of the intended uses of the 
digital replica; and</DELETED>
<DELETED> (cc) is approved 
by a court in accordance with 
applicable State law.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Registration for post-mortem 
renewal.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) the name of the 
deceased individual;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (III) the identity of and 
contact information for the right 
holder; and</DELETED>
<DELETED> (IV) such other 
information as the Register of 
Copyrights may prescribe by 
regulation.</DELETED>
<DELETED> (ii) Directory.--The Register of 
Copyrights--</DELETED>
<DELETED> (I) shall--</DELETED>
<DELETED> (aa) maintain a 
current directory of post-
mortem digital replication 
rights registered under this 
subparagraph; and</DELETED>
<DELETED> (bb) make the 
directory described in item 
(aa) available to the public 
for inspection online; 
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (iii) Voluntary initial 
registration.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (II) Authority of register 
of copyrights.--The Register of 
Copyrights may--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Liability.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (2) Activities described.--An activity described 
in this paragraph is either of the following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Distributing, importing, transmitting, 
or otherwise making available to the public a product 
or service that--</DELETED>
<DELETED> (i) is primarily designed to 
produce 1 or more digital replicas of a 
specifically identified individual or 
individuals without the authorization of--
</DELETED>
<DELETED> (I) such individual or 
individuals;</DELETED>
<DELETED> (II) the applicable right 
holder; or</DELETED>
<DELETED> (III) the law;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) such individual or 
individuals;</DELETED>
<DELETED> (II) the applicable right 
holder; or</DELETED>
<DELETED> (III) the law; 
or</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (I) such individual or 
individuals;</DELETED>
<DELETED> (II) the applicable right 
holder; or</DELETED>
<DELETED> (III) the law.</DELETED>
<DELETED> (3) Notice or knowledge required.--To incur 
liability under this subsection, the following shall 
apply:</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (I) a digital replica that was not 
authorized by the applicable right holder; 
or</DELETED>
<DELETED> (II) a product or service 
described in paragraph (2)(B).</DELETED>
<DELETED> (ii) An online service described in this 
clause is an online service that is--</DELETED>
<DELETED> (I) described in subsection 
(a)(5)(A)(i);</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) a digital replica that was not 
authorized by the applicable right holder; 
or</DELETED>
<DELETED> (ii) a product or service 
described in paragraph (2)(B).</DELETED>
<DELETED> (4) Exclusions.--Liability under this subsection 
shall not extend to--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (B) a provider of an online service 
described in paragraph (3)(A)(ii) alleged to have 
undertaken an activity described in paragraph (2) if--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) disabling access to the 
offending material is prohibited by 
law;</DELETED>
<DELETED> (C) a nonprofit library or archives--
</DELETED>
<DELETED> (i) that is eligible for the 
limitations on exclusive rights under section 
108 of title 17, United States Code;</DELETED>
<DELETED> (ii) the collections of which 
are--</DELETED>
<DELETED> (I) open to the public; 
or</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) that has a public service 
mission;</DELETED>
<DELETED> (iv) the trained staff or 
volunteers of which provide professional 
services normally associated with libraries and 
archives; and</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (D) an accredited nonprofit educational 
institution with respect to an activity undertaken 
without any purpose of direct or indirect commercial 
advantage;</DELETED>
<DELETED> (E) an employee of an institution 
described in subparagraph (C) or (D) acting within the 
scope of the employment of that individual;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (5) Additional exclusions.--</DELETED>
<DELETED> (A) In general.--An activity shall not be 
considered to be an activity described in paragraph (2) 
if--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) the applicable digital 
replica is produced or used consistent with the 
public interest in bona fide commentary, 
criticism, scholarship, satire, or 
parody;</DELETED>
<DELETED> (iv) the use of the applicable 
digital replica is fleeting or negligible; 
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (d) Safe Harbors.--</DELETED>
<DELETED> (1) In general.--</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii)(I) upon receiving a 
notification that satisfies the requirements 
under paragraph (3), the provider--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (AA) match the 
digital fingerprint of an 
unauthorized digital replica 
specifically identified in a 
notification sent under 
paragraph (3); and</DELETED>
<DELETED> (BB) are uploaded 
after valid, applicable notice 
was submitted to, and processed 
by, the provider;</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (AA) match the 
digital fingerprint of an 
unauthorized digital replica 
specifically identified in a 
notification sent under 
paragraph (3); and</DELETED>
<DELETED> (BB) are uploaded 
after valid, applicable notice 
was submitted to, and processed 
by, the provider; and</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Designated agent.--</DELETED>
<DELETED> (A) Designation.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (I) The name, address, 
telephone number, and electronic mail 
address of the agent.</DELETED>
<DELETED> (II) Other contact 
information that the Register of 
Copyrights may determine 
appropriate.</DELETED>
<DELETED> (B) Directory.--The Register of 
Copyrights--</DELETED>
<DELETED> (i) shall--</DELETED>
<DELETED> (I) maintain a current 
directory of designated agents for the 
purposes of this paragraph; 
and</DELETED>
<DELETED> (II) make the directory 
described in subclause (I) available to 
the public for inspection, including 
through the internet; and</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (i) the date that is 90 days after 
the effective date of this section; 
or</DELETED>
<DELETED> (ii) the date that is 90 days 
after the date on which the provider becomes a 
provider described in subparagraph 
(A)(i).</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (D) Information reasonably sufficient to 
permit the provider to contact the notifying party, 
such as an address, telephone number, and email 
address.</DELETED>
<DELETED> (E) A statement that the notifying party 
believes in good faith that--</DELETED>
<DELETED> (i) the material is an 
unauthorized use of a digital replica or a 
product or service described in subsection 
(c)(2)(B); and</DELETED>
<DELETED> (ii) the exclusions under 
subsection (c)(5) do not apply.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (G) For the purposes of paragraph (1)(B), 
information reasonably sufficient to--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (ii) permit the provider to locate 
the reference or link described in clause 
(i).</DELETED>
<DELETED> (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:</DELETED>
<DELETED> (A) The counter-notification is provided--
</DELETED>
<DELETED> (i) to the designated agent of the 
online service provider to which that 
notification was submitted under paragraph (3); 
and</DELETED>
<DELETED> (ii) by the party that placed the 
applicable material on the online 
service.</DELETED>
<DELETED> (B) The counter notification includes the 
following:</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I) is not a digital 
replica;</DELETED>
<DELETED> (II) is an authorized 
digital replica; or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (v) A statement that the 
individual or entity described in clause (i)--
</DELETED>
<DELETED> (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</DELETED>
<DELETED> (II) will accept service 
of process from--</DELETED>
<DELETED> (aa) the 
individual or entity that 
provided notification under 
paragraph (3); or</DELETED>
<DELETED> (bb) an agent of 
the individual or entity 
described in item 
(aa).</DELETED>
<DELETED> (5) Penalties for false or deceptive notice.--
</DELETED>
<DELETED> (A) Knowing material representations.--
</DELETED>
<DELETED> (i) In general.--It shall be 
unlawful to knowingly materially misrepresent--
</DELETED>
<DELETED> (I) in a notification 
provided under paragraph (3)--
</DELETED>
<DELETED> (aa) that the 
material requested to be 
removed, or access to which is 
requested to be disabled, is an 
unauthorized digital 
replica;</DELETED>
<DELETED> (bb) that the 
exclusions under subsection 
(c)(5) do not apply; 
or</DELETED>
<DELETED> (cc) that an 
individual or entity has the 
authority to act on behalf of 
the right holder; or</DELETED>
<DELETED> (II) in a counter-
notification provided under paragraph 
(4)--</DELETED>
<DELETED> (aa) that the 
material removed, or to which 
access was disabled--</DELETED>

<DELETED> (AA) was 
removed or disabled by 
mistake or 
misidentification;</DELETED>

<DELETED> (BB) is 
not a digital replica; 
or</DELETED>

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

<DELETED> (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.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Civil Action.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) the applicable right holder;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (C) in the case of a digital replica 
involving a sound recording artist, any individual or 
entity that has, directly or indirectly, entered into--
</DELETED>
<DELETED> (i) a contract for the exclusive 
personal services of the sound recording artist 
as a sound recording artist; or</DELETED>
<DELETED> (ii) an exclusive license to 
distribute or transmit 1 or more works that 
capture the audio performance of the sound 
recording artist.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (4) Remedies.--</DELETED>
<DELETED> (A) In general.--In any civil action 
brought under this subsection--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (I)(aa) in the case of an 
individual, $5,000 per work embodying 
the applicable unauthorized digital 
replica;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (I)(aa) in the case of an 
individual, $5,000 per product or 
service;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (dd) in the case of an 
entity that is not a provider of an 
online service, $25,000 per product or 
service; or</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) the plaintiff may seek 
injunctive or other equitable relief;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (v) if the prevailing party is--
</DELETED>
<DELETED> (I) the party bringing the 
action, the court shall award 
reasonable attorney's fees; 
or</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (f) Subpoena To Identify Violator.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Contents of request.--A request under 
paragraph (1) may be made by filing with the clerk--</DELETED>
<DELETED> (A) a copy of a notification described in 
subsection (d)(3);</DELETED>
<DELETED> (B) a proposed subpoena; and</DELETED>
<DELETED> (C) a sworn declaration to the effect 
that--</DELETED>
<DELETED> (i) the purpose of the subpoena is 
to obtain the identity of an individual or 
entity alleged to be liable under subsection 
(c); and</DELETED>
<DELETED> (ii) the information described in 
clause (i) will only be used for the purpose of 
protecting rights under this section.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (g) Preemption.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Rule of construction.--Notwithstanding 
paragraph (1), nothing in this Act may be construed to 
preempt--</DELETED>
<DELETED> (A) causes of action under State statutes 
or common law in existence, as of January 2, 2025, 
regarding a digital replica;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (h) Rules of Construction.--</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) monitor the online service for, or 
affirmatively seek facts about, any digital replica; 
or</DELETED>
<DELETED> (B) gain access to material.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (j) Retroactive Effect.--</DELETED>
<DELETED> (1) Liabilities.--Liability under this section 
shall apply only to--</DELETED>
<DELETED> (A) conduct occurring after the date of 
enactment of this Act; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Digital replication right.--The right granted 
under subsection (b)--</DELETED>
<DELETED> (A) shall apply to any individual, 
regardless of whether the individual dies before, on, 
or after the date of enactment of this Act; 
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (k) Effective Date.--This Act shall take effect on the 
date that is 180 days after the date of enactment of this 
Act.</DELETED>

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''--
(A) means material, such as a video, image, 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; and
(B) does not include material that is--
(i) embodied in a video game; and
(ii) generated or customized by a consumer 
end user of that video game.
(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--
(A) the use of a digital replica embodying the 
voice or visual likeness of the individual; or
(B) the use of the voice or visual likeness of the 
individual 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, including through 
involuntary transfer, such as by means 
of bankruptcy, levy, lien enforcement, 
court order, or other legal process; 
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)(I) The right shall be exclusive to--
(aa) the individual, subject to the 
licensing of the right during the 
lifetime of that individual under 
subparagraph (B); and
(bb) 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 subitem 
(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.
(II) The commercial availability of a sound 
recording or audiovisual work in which the 
voice or visual likeness of an individual is 
readily identifiable shall constitute active 
and authorized public use of that voice or 
visual likeness for the purposes of subclause 
(I)(bb)(BB).
(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)(I)(bb) 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 applicable 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--

(AA) the applicable 
individual; or

(BB) in the case of 
a deceased individual, 
the right holder or an 
authorized 
representative of the 
right holder; 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)(I)(bb)(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)(I)(bb)(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)(I)(bb)(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) Initial post-mortem registration for 
individuals deceased 8 years or longer as of 
date of enactment.--Notwithstanding any other 
provision of this paragraph--
(I) with respect to an individual 
who died not fewer than 10 years before 
the date of enactment of this Act, the 
applicable right holder may, not later 
than 90 days after the effective date 
of this section, voluntarily register 
the post-mortem right under 
subparagraph (A)(iv)(I)(bb)(BB) by 
filing with the Register of Copyrights 
a notice that complies with such 
requirements as the Register of 
Copyrights may prescribe by regulation 
under clause (i), if the right holder 
demonstrates the required authorized 
public use of the voice or visual 
likeness of the individual in 
interstate or foreign commerce during 
the 2-year period preceding the date of 
enactment of this Act, subject to 
protection during the periods of 
exclusivity and termination under 
clauses (iv) and (v) of subparagraph 
(A); and
(II) with respect to an individual 
who died not fewer than 8, and fewer 
than 10, years before the date of 
enactment of this Act, the applicable 
right holder may file a notice under 
clause (i) or subclause (I) of this 
clause.
(v) 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, the use of which 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, the use of which 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 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 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 
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 embodying 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 use of a 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 use of 
a 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 use 
of a digital replica that--
(AA) match the digital 
fingerprint of an unauthorized 
use of a 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 use 
of a digital replica that--
(AA) match the digital 
fingerprint of an unauthorized 
use of a 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 use of a digital replica or a product or 
service described in subsection (c)(2)(B).
(C) Identification of the material embodying an 
unauthorized use of a 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--
(I) a digital replica, the use of 
which is unauthorized; or
(II) 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 embodying 
an unauthorized use of a 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 use of a 
digital replica; or
(III) is an unauthorized use of a 
digital replica that satisfies an 
exclusion under paragraph (4) or (5) of 
subsection (c), a limitation on 
liability under subsection (e)(3), or 
any other requirement with respect to a 
valid legal defense, which shall 
include a succinct explanation of how 
such material satisfies the applicable 
exclusion, limitation, or requirement.
(v) A statement that the individual or 
entity that placed the applicable material on 
the online service--
(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 
that individual or entity 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 a digital 
replica, the use of which is 
unauthorized;
(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), that--
(aa) material was removed, 
or access to material was 
disabled, by mistake or 
misidentification;
(bb) the material removed, 
or to which access was 
disabled, is not a digital 
replica; or
(cc) the material removed, 
or to which access was 
disabled, is subject to an 
exclusion under subsection 
(c)(5), a limitation on 
liability under subsection 
(e)(3), 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 the 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) the sum of--
(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) Limitation on liability for purely coincidental 
resemblance.--
(A) In general.--An individual or entity shall not 
be liable for engaging in an activity described in 
subsection (c)(2)(A) if--
(i) the resemblance of the voice or visual 
likeness embodied in the applicable digital 
replica to the voice or visual likeness of the 
actual individual is purely coincidental; and
(ii)(I) the actual individual has not 
achieved public recognition; or
(II) the voice or visual likeness of the 
actual individual does not have commercial 
value.
(B) Disclaimer not evidence.--A disclaimer 
regarding the resemblance of the voice or visual 
likeness embodied in a digital replica to the voice or 
visual likeness of any actual individual shall not 
constitute evidence to support the limitation under 
subparagraph (A).
(4) 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 use of a 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.
(5) 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 use of a 
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 use of a 
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 unauthorized 
display, copy made, transmission, and 
instance of the digital replica being 
made available on the online service in 
a sum of not more than $750,000 per 
work embodying the applicable 
unauthorized use of a 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 use of a 
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 a digital 
replica, the use of which is unauthorized, 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 a digital replica, the 
use of which is unauthorized.
(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 section 
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 
section, in an expressive work.
(2) Rule of construction.--Notwithstanding paragraph (1), 
nothing in this section 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 section shall take effect on the date 
that is 180 days after the date of enactment of this Act.
Calendar No. 446

119th CONGRESS

2d Session

S. 4591

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A BILL

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

_______________________________________________________________________

June 24, 2026

Reported with an amendment