[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