[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6943 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 6943
To provide for individual property rights in likeness and voice.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 10, 2024
Ms. Salazar (for herself, Ms. Dean of Pennsylvania, Mr. Moran, Mr.
Morelle, and Mr. Wittman) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To provide for individual property rights in likeness and voice.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``No Artificial Intelligence Fake
Replicas And Unauthorized Duplications Act of 2024'' or as the ``No AI
FRAUD Act''.
SEC. 2. FINDINGS.
Congress finds that recent advancements in artificial intelligence
(AI) technology and the development of deepfake software have adversely
affected individuals' ability to protect their voice and likeness from
misappropriation, including:
(1) On or around April 4, 2023, AI technology was used to
create the song titled ``Heart on My Sleeve,'' emulating the
voices of recording artists Drake and The Weeknd. It reportedly
received more than 11 million views.
(2) On or around October 1, 2023, AI technology was used to
create a false endorsement featuring Tom Hanks' face in an
advertisement for a dental plan.
(3) From October 16 to 20, 2023, AI technology was used to
create false, nonconsensual intimate images of high school
girls in Westfield, New Jersey.
(4) In fall 2023, AI technology was used to create the song
titled ``Demo #5: nostalgia,'' manipulating the voices of
Justin Bieber, Daddy Yankee and Bad Bunny. It reportedly
received 22 million views on Tik Tok and 1.2 million views on
YouTube.
(5) A Department of Homeland Security report titled the
``Increasing Threat of Deepfake Identities'' states that as of
October 2020, researchers had reported more than 100,000
computer-generated fake nude images of women created without
their consent or knowledge.
(6) According to Pew Research Center, approximately 63
percent of American say made-up or altered videos create
confusion about the basic facts of current issues.
SEC. 3. LIKENESS AND VOICE RIGHTS.
(a) Definitions.--In this Act:
(1) The term ``individual'' means a human being, living or
dead.
(2) The term ``digital depiction'' means a replica,
imitation, or approximation of the likeness of an individual
that is created or altered in whole or in part using digital
technology.
(3) The term ``personalized cloning service'' means an
algorithm, software, tool, or other technology, service, or
device the primary purpose or function of which is to produce
one or more digital voice replicas or digital depictions of
particular, identified individuals.
(4) The term ``digital voice replica'' means an audio
rendering that is created or altered in whole or in part using
digital technology and is fixed in a sound recording or
audiovisual work which includes replications, imitations, or
approximations of an individual that the individual did not
actually perform.
(5) The term ``voice'' means sounds in any medium
containing the actual voice or a simulation of the voice of an
individual, whether recorded or generated by computer,
artificial intelligence, algorithm, or other digital
technology, service, or device, to the extent that the
individual depicted or simulated is readily identifiable from
the sound of the voice or simulation of the voice, or from
other information displayed in connection therewith.
(6) The term ``likeness'' means the actual or simulated
image or likeness of an individual, regardless of the means of
creation, that is readily identifiable as the individual by
virtue of the individual's face, likeness, or other
distinguishing characteristic, or from other information
displayed in connection with the likeness.
(7) The term ``digital technology'' means a technology or
device now known or hereafter created such as computer
software, artificial intelligence, machine learning, quantum
computing, or other similar technologies or devices.
(b) Property Right in Likeness and Voice.--
(1) In general.--Every individual has a property right in
their own likeness and voice.
(2) Extent.--The rights provided for in paragraph (1)
constitute intellectual property rights and are freely
transferable and descendible, in whole or in part, and do not
expire upon the death of the individual, whether or not such
rights were commercially exploited by the individual during the
individual's lifetime.
(3) Transferability.--The rights provided for in paragraph
(1) shall be exclusive to the individual, subject to the
transfer of such rights as provided in paragraph (2), during
such individual's lifetime and to the executors, heirs,
transferees, or devisees for a period of ten years after the
death of the individual, and shall be terminated by--
(A) proof of the non-use of the likeness or voice
of any individual for commercial purposes by an
executor, transferee, heir, or devisee to such use for
a period of two years subsequent to the initial ten-
year period following the individual's death; or
(B) the death of all executors, transferees, heirs,
or devisees.
(4) Validity of use.--An agreement authorizing the use of a
digital depiction or digital voice replica for a new
performance of the individual in an advertisement or expressive
work shall be valid only if--
(A) the applicable individual was--
(i) represented by counsel in the
transaction and the agreement was in writing;
and
(ii) 18 years of age or older at the time
of entry into the agreement, or, if under 18
years of age at that time, the agreement is
approved by a court in accordance with
applicable State law; or
(B) the terms of the agreement are governed by a
collective bargaining agreement.
(c) Unauthorized Simulation of Voice or Likeness.--
(1) In general.--Any person or entity who, in a manner
affecting interstate or foreign commerce (or using any means or
facility of interstate or foreign commerce), and without
consent of the individual holding the voice or likeness rights
affected thereby--
(A) distributes, transmits, or otherwise makes
available to the public a personalized cloning service;
(B) publishes, performs, distributes, transmits, or
otherwise makes available to the public a digital voice
replica or digital depiction with knowledge that the
digital voice replica or digital depiction was not
authorized by the individual holding the voice or
likeness rights affected thereby; or
(C) materially contributes to, directs, or
otherwise facilitates any of the conduct proscribed in
subparagraph (A) or (B) with knowledge that the
individual holding the affected voice or likeness
rights has not consented to the conduct,
shall be liable for damages as set forth in paragraph (2).
(2) Remedies.--In any action brought under this section,
the following shall apply:
(A) The person or entity who violated the section
shall be liable to the injured party or parties in an
amount equal to the greater of--
(i) in the case of an unauthorized
distribution, transmission, or other making
available of a personalized cloning service,
fifty thousand dollars ($50,000) per violation
or the actual damages suffered by the injured
party or parties as a result of the
unauthorized use, plus any profits from the
unauthorized use that are attributable to such
use and are not taken into account in computing
the actual damages; and
(ii) in the case of an unauthorized
publication, performance, distribution,
transmission, or other making available of a
digital voice replica or digital depiction,
five thousand dollars ($5,000) per violation or
the actual damages suffered by the injured
party or parties as a result of the
unauthorized use, plus any profits from the
unauthorized use that are attributable to such
use and are not taken into account in computing
the actual damages.
(B) In establishing profits under this subdivision,
the injured party or parties shall be required only to
present proof of the gross revenue attributable to the
unauthorized use, and the person or entity who violated
this section shall be required to prove his or her
expenses deductible therefrom.
(C) Punitive damages and reasonable attorneys' fees
may also be awarded to the injured party or parties.
(D) It shall not be a defense to an allegation of a
violation of paragraph (1) that the unauthorized user
displayed or otherwise communicated to the public a
disclaimer stating that the digital depiction, digital
voice replica, or personalized cloning service was
unauthorized or that the individual rights owner did
not participate in the creation, development,
distribution, or dissemination of the unauthorized
digital depiction, digital voice replica, or
personalized cloning service.
(E) An action to enforce this section may be
brought by--
(i) the individual whose voice or likeness
is at issue;
(ii) any other person or entity to which
the individual has assigned or exclusively
licensed their voice or likeness rights; or
(iii) in the case of an individual who
performs music as a profession, and has not
authorized the use at issue, by any person or
entity that has entered into a contract for the
individual's exclusive personal services as a
recording artist or an exclusive license to
distribute sound recordings that capture the
individual's audio performances.
(d) First Amendment Defense.--First Amendment protections shall
constitute a defense to an alleged violation of subsection (c). In
evaluating any such defense, the public interest in access to the use
shall be balanced against the intellectual property interest in the
voice or likeness. Factors to be considered may include whether--
(1) the use is commercial;
(2) the individual whose voice or likeness is at issue is
necessary for and relevant to the primary expressive purpose of
the work in which the use appears; and
(3) the use competes with or otherwise adversely affects
the value of the work of the owner or licensee of the voice or
likeness rights at issue.
(e) Limitation.--
(1) In general.--A person or entity who uses an
individual's voice or likeness in a manner that violates
subsection (c) shall not be liable if the harm caused by such
conduct is negligible.
(2) Harm.--For purposes of this section, the term ``harm''
includes--
(A) financial or physical injury, or an elevated
risk of such injury, to any person whose voice or
likeness rights are affected by the conduct at issue;
(B) severe emotional distress of any person whose
voice or likeness is used without consent; and
(C) a likelihood that the use deceives the public,
a court, or tribunal.
(3) Per se harm.--Any digital depiction or digital voice
replica which includes child sexual abuse material, is sexually
explicit, or includes intimate images constitutes harm.
(4) Balance of equities.--Except when paragraph (3)
applies, alleged harms shall be weighed against--
(A) whether the individual whose voice or likeness
is at issue is necessary for and relevant to the
primary expressive purpose of the work in which the use
appears;
(B) whether the use is transformative; and
(C) whether the use constitutes constitutionally
protected commentary on a matter of public concern.
(f) Limitations Period.--No civil action shall be maintained under
the provisions of this Act unless it is commenced within four years
after the party seeking to bring the claim discovered, or with due
diligence should have discovered, the violation.
(g) No Preemption.--Nothing in this Act shall be construed to limit
any rights an individual may have under any other law providing
protections against the unauthorized use of an individual's name,
voice, or likeness.
(h) Severability.--If any provision of this Act, or the application
thereof, is held invalid, the validity of the remainder of this Act and
the application of such provision to other persons and circumstances
shall not be affected thereby.
(i) Construction.--Nothing in this Act shall alter the application
by a court of First Amendment protections in the event such a defense
is asserted to subsection (c).
(j) Application.--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)).
(k) Effective Date.--This Act shall be effective 180 days after the
enactment of this Act, and shall apply regardless of whether the
individual has died before such effective date.
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