Amendment to title 17, United States Code

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

Sovereign Ownership of Unique Likeness

1401. Definitions.

1402. Rights granted.

1403. Exceptions and limitations.

1404. Remedies and enforcement.

1405. Preemption and severability.

1401.

Definitions

In this chapter: (1)

Individual’s unique likeness

The term individual’s unique likeness means the set of personal traits owned by each U.S. citizen from birth or upon development or acquisition, including: (A)Name, including full legal name, nicknames, or stage names. (B)Image, including photographs, videos, digital representations, or any visual depictions. (C)Likeness, including physical appearance, body shape, movements, habits, or style. (D)Voice, including natural speaking or singing voice and any artificial intelligence-generated reproductions. (E)Biometric identifiers, including facial geometry, iris patterns, vocal timbre, gait, or fingerprints, when used to replicate or identify an individual for commercial purposes, excluding uses for law enforcement or national security. (F)Genetic markers, including DNA sequences or traits that could be used to replicate or misuse identity in commercial applications, such as artificial intelligence tools, with exemptions for medical or research purposes under applicable laws, including the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.). (G)Other related traits, including avatars, deepfakes, or digital replicas derived from the elements described in subparagraphs (A) through (F), encompassing artificial intelligence-generated identity data. The term unique likeness shall be construed broadly to adapt to technological advancements. (2)

Digital replica

The term digital replica means any computer-generated or technologically created representation that reproduces or simulates an individual’s unique likeness without authorization, including deepfakes or synthetic media. (3)

Owner

The term owner means the U.S. citizen to whom the unique likeness belongs, or their authorized licensee, heir, or assignee after death. (4)

Platform

The term platform means any interactive computer service as defined in section 230(f)(2) of the Communications Act of 1934 (47 U.S.C. 230(f)(2)) that hosts user-generated content.

1402.

Rights granted

(a)

Exclusive rights

The owner has the exclusive right to reproduce, distribute, publicly display, perform, or create derivative works based on their unique likeness. This prohibits unauthorized digital replicas or synthetic media. (b)

Duration

The rights under this chapter endure for the life of the individual plus 50 years after death, regardless of commercial exploitation during life. (c)

Scope

These rights apply to U.S. citizens and activities affecting interstate commerce. Rights are inalienable except through voluntary waiver or license by the owner. Ownership vests automatically without registration.

1403.

Exceptions and limitations

(a)

Exemptions

The rights under this chapter do not apply to: (1)Non-commercial uses qualifying as fair use under section 107 of this title, including parody, satire, caricature, criticism, news reporting, scholarly commentary, transformative artistic works, incidental inclusions, or public domain elements. (2)Government activities, including law enforcement or national security. (3) Activities protected by the First Amendment to the United States Constitution, consistent with judicial precedents. (b)

No retroactive application

This chapter does not affect uses authorized before the effective date.

1404.

Remedies and enforcement

(a)

Civil remedies

An owner may bring a civil action in Federal district court for: (1)Injunctive relief to prevent or restrain violations. (2)Takedown orders for unauthorized content. (3)Actual damages or statutory damages of not less than $750 nor more than $30,000 per violation, as the court considers just. (4)In cases of willful violation, up to $150,000 in statutory damages. No proof of economic or reputational harm is required; harm is presumed. (b)

Platform liability

A platform is liable if it fails to remove unauthorized content after receiving a valid takedown notice, but may qualify for safe harbor protection if it acts in good faith, consistent with section 512 of this title (Digital Millennium Copyright Act). (c)

No criminal penalties

This chapter provides only civil remedies.

1405.

Preemption and severability

(a)

Preemption

This chapter preempts any State law that provides equivalent rights or remedies for unique likeness, to ensure uniformity. (b)

Severability

If any provision of this chapter is held invalid, the remainder shall not be affected.