[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2794 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2794
To protect intellectual property rights in the voice and visual
likeness of individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 9, 2025
Ms. Salazar (for herself, Ms. Dean of Pennsylvania, Mr. Moran, Ms.
Balint, and Mr. Morelle) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect intellectual property rights in the voice and visual
likeness of individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurture Originals, Foster Art, and
Keep Entertainment Safe Act of 2025'' or the ``NO FAKES Act of 2025''.
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 that provides public access to 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, or website hosting service or any
other interactive computer service that is not
covered under clause (i) and that provides
public access to user uploaded material, 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, search engine, or cloud
storage service that predominantly provides public
access to user uploaded products or services, the
primary function of which 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.--
(A) In general.--The term ``user uploaded
material'' means material, such as a video, image,
game, audio file, or other material, that is placed on
a service directly by or at the direction of an end
user of a service.
(B) Scope of end user.--For the purposes of
subparagraph (A), an end user, with respect to an
online service, does not include--
(i) a third-party commercial provider of
sound recordings to a digital music provider;
or
(ii) an employee or agent of the online
service acting on behalf of the provider of the
online service.
(b) Digital Replication Right.--
(1) In general.--Subject to the other provisions of this
section, each individual or right holder shall have the right
to authorize the use of the voice or visual likeness of the
individual--
(A) in a digital replica; or
(B) in connection with a product or service for
which authorization of the individual or right holder
is required to avoid liability with respect to an
activity described in subsection (c)(2)(B).
(2) Nature of right.--
(A) In general.--The right described in paragraph
(1) shall have the following characteristics:
(i) The right is--
(I) a property right;
(II) not assignable during the life
of the individual; and
(III) licensable, in whole or in
part, exclusively or non-exclusively,
by the right holder.
(ii) The right shall not expire upon the
death of the individual, without regard to
whether the right is commercially exploited by
the individual during the lifetime of the
individual.
(iii) Upon the death of the individual--
(I) the right is transferable and
licensable, in whole or in part, by the
executors, heirs, assigns, licensees,
or devisees of the individual; and
(II) ownership of the right may
be--
(aa) transferred, in whole
or in part, by any means of
conveyance or by operation of
law; and
(bb) bequeathed by will or
pass as personal property by
the applicable laws of
intestate succession.
(iv) The right shall be exclusive to--
(I) the individual, subject to the
licensing of the right during the
lifetime of that individual under
subparagraph (B); and
(II) the right holder--
(aa) for a period of 10
years after the death of the
individual; and
(bb) if the right holder
demonstrates active and
authorized public use of the
voice or visual likeness of the
individual 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 during the 2-year
period preceding the expiration
of each additional 5-year
period.
(v) The right shall terminate on the date
that is the earlier of--
(I) the date on which the 10-year
period or 5-year period described in
clause (iv)(II) terminates without
renewal; or
(II) the date that is 70 years
after the death of the individual.
(B) Requirements for license.--
(i) In general.--A license described in
subparagraph (A)(i)(III)--
(I) while the individual is living,
is valid only to the extent that the
license duration does not exceed 10
years; and
(II) shall be valid only if the
license agreement--
(aa) is in writing and
signed by the individual or an
authorized representative of
the individual; and
(bb) includes a reasonably
specific description of the
intended uses of the applicable
digital replica.
(ii) Licenses involving a minor.--A license
described in subparagraph (A)(i)(III) involving
a living individual who is younger than 18
years of age--
(I) is valid only to the extent
that the license duration does not
exceed 5 years, but in any case
terminates when the individual reaches
18 years of age; and
(II) shall be valid only if the
license agreement--
(aa) is in writing and
signed by the individual or an
authorized representative of
the individual;
(bb) includes a reasonably
specific description of the
intended uses of the digital
replica; and
(cc) is approved by a court
in accordance with applicable
State law.
(iii) Collective bargaining agreements.--
The provisions of clauses (i) and (ii) shall
not apply with respect to a license if the
license is governed by a collective bargaining
agreement that addresses digital replicas.
(iv) Limitation.--The provisions of clauses
(i) and (ii) shall not affect terms and
conditions of a license or related contract
other than those described in this
subparagraph, and the expiration of that
license shall not affect the remainder of the
license or related contract.
(C) Requirements for post-mortem transfer.--A post-
mortem transfer or license described in subparagraph
(A)(iii)(I) shall be valid only if the transfer
agreement or license agreement is in writing and signed
by the right holder or an authorized representative of
the right holder.
(D) Registration for post-mortem renewal.--
(i) In general.--The renewal of a post-
mortem right under subparagraph (A)(iv)(II)(bb)
shall be effective if, during the applicable 2-
year renewal period described in that
subparagraph, the right holder files a notice
with the Register of Copyrights that complies
with such requirements regarding form and
filing procedures as the Register of Copyrights
may prescribe by regulation, which shall
include--
(I) the name of the deceased
individual;
(II) a statement, under penalty of
perjury, that the right holder has
engaged in active and authorized public
use of the voice or visual likeness
during the applicable 2-year period;
(III) the identity of and contact
information for the right holder; and
(IV) such other information as the
Register of Copyrights may prescribe by
regulation.
(ii) Directory.--The Register of
Copyrights--
(I) shall--
(aa) maintain a current
directory of post-mortem
digital replication rights
registered under this
subparagraph; and
(bb) make the directory
described in item (aa)
available to the public for
inspection online; and
(II) may require payment of a
reasonable filing fee by the right
holder filing notice under clause (i),
which may take into consideration the
costs of maintaining the directory
described in subclause (I) of this
clause.
(iii) Voluntary initial registration.--
(I) In general.--A right holder may
voluntarily register the post-mortem
right under subparagraph
(A)(iv)(II)(aa) by filing a notice with
the Register of Copyrights that
complies with such requirements
regarding form, content, and filing
procedures as the Register of
Copyrights may prescribe by regulation.
(II) Authority of register of
copyrights.--The Register of Copyrights
may--
(aa) include a voluntary
registration of the post-mortem
right under subparagraph
(A)(iv)(II)(aa) in the
directory maintained under
clause (ii)(I)(aa) of this
subparagraph; and
(bb) require payment of a
reasonable filing fee by a
right holder registering a
right under this clause, which
may take into consideration the
costs of maintaining the
directory.
(iv) Authority of register of copyrights.--
The Register of Copyrights may make such
interpretations and resolve such ambiguities as
may be appropriate to carry out this
subparagraph.
(E) Post-expiration or termination utilization of
authorized uses.--A digital replica that is embodied in
a sound recording, image, audiovisual work, including
an audiovisual work that does not have any accompanying
sounds, or transmission, and the use of which is
authorized pursuant to the terms of a license, may
continue to be utilized in a manner consistent with the
terms of that license after the expiration or
termination of the license.
(c) Liability.--
(1) In general.--Any individual or entity that, in a manner
affecting interstate commerce (or using any means or facility
of interstate 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, 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 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--
(A) with respect to an activity carried out under
paragraph (2) by the provider of an online service, the
provider must have received a notification that
satisfies the requirements under subsection (d)(3), or
a court order stating (or must have willfully avoided
receipt of such a notification or court order), that
the applicable material is--
(i) a digital replica that was not
authorized by the applicable right holder; or
(ii) a product or service described in
paragraph (2)(B); and
(B) with respect to an activity carried out under
paragraph (2) by an individual or entity that is not a
provider of an online service, the individual or entity
must have actual knowledge, or must willfully avoid
having such knowledge, that the applicable material
is--
(i) a digital replica that was not
authorized by the applicable right holder; or
(ii) a product or service described in
paragraph (2)(B).
(4) Exclusions.--Liability under this subsection shall not
extend to--
(A) a service by wire or radio that provides the
capability to transmit data to and receive data from
all, or substantially all, internet endpoints,
including any capabilities that are incidental to
enable the operation of the communications service of a
provider of online services or network access, or the
operator of facilities for such service; or
(B) a provider of an online service alleged to have
undertaken an activity described in paragraph (2) if--
(i) it is not technologically 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.
(5) Additional exclusions.--
(A) In general.--An activity shall not be
considered to be an activity described in paragraph (2)
if--
(i) the applicable digital replica is
produced or used in a bona fide news, public
affairs, or sports broadcast or account,
provided that the digital replica is the
subject of, or is materially relevant to, the
subject of that broadcast or account;
(ii) the applicable digital replica is a
representation of the applicable individual as
the individual in a documentary or in a
historical or biographical manner, including
some degree of fictionalization, unless--
(I) the production or use of that
digital replica creates the false
impression that the work is an
authentic sound recording, image,
transmission, or audiovisual work in
which the individual participated; or
(II) the digital replica is
embodied in a musical sound recording
that is synchronized to accompany a
motion picture or other audiovisual
work, except to the extent that the use
of that digital replica is protected by
the First Amendment to the Constitution
of the United States;
(iii) the applicable digital replica is
produced or used consistent with the public
interest in bona fide commentary, criticism,
scholarship, satire, or parody;
(iv) the use of the applicable digital
replica is fleeting or negligible; or
(v) the applicable digital replica is used
in an advertisement or commercial announcement
for a purpose described in any of clauses (i)
through (iv) and the applicable digital replica
is relevant to the subject of the work so
advertised or announced.
(B) Applicability.--Subparagraph (A) shall not
apply where the applicable digital replica is used to
depict sexually explicit conduct, as defined in section
2256(2)(A) of title 18, United States Code.
(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 referring or linking
to, or violating subsection (c) with respect to, user
uploaded material 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) upon receiving a notification that
satisfies the requirements under paragraph (3),
the provider--
(I) 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 technically and
practically feasible for that provider;
(II) for the provider of an online
service described in clause (i) or (ii)
of subsection (a)(5)(A), as soon as is
technically and practically feasible
for that provider, removes or disables
access to all other publicly available
instances of the work embodying the
claimed unauthorized digital replica
that--
(aa) match the digital
fingerprint of an unauthorized
digital replica specifically
identified in a notification
sent under paragraph (3); and
(bb) are uploaded after
valid, applicable notice was
submitted to, and processed by,
the provider; and
(III) takes reasonable steps to
promptly notify the right holder, and
the end user that uploaded the
material, that the online service
removed or disabled access to the
material.
(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 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 the online
service, including on the website of the 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.--The failure of
a provider of an online service described in
subparagraph (A)(i) to register a designated agent
under this paragraph shall establish that the provider
has not undertaken a good faith effort to comply with
this subsection.
(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 of the provider of an online
service that includes the following:
(A) A physical or electronic signature of the right
holder, an individual or entity authorized to act on
behalf of the right holder, or an eligible plaintiff
under subsection (e)(1).
(B) Identification of the individual, the voice or
visual likeness of whom is at issue with respect to an
unauthorized digital replica or a product or service
described in subsection (c)(2)(B).
(C) Identification of the material containing an
unauthorized digital replica or a product or service
described in subsection (c)(2)(B), including
information sufficient to allow the provider to locate
the identified material.
(D) Information reasonably sufficient to permit the
provider to contact the notifying party, such as an
address, telephone number, and email address.
(E) A statement that the notifying party believes
in good faith that the material is an unauthorized use
of a digital replica or a product or service described
in subsection (c)(2)(B).
(F) If not the right holder or an eligible
plaintiff under subsection (e)(1), a statement 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 an
unauthorized digital replica, or a product or
service described in subsection (c)(2)(B), that
is to be removed or to which access is to be
disabled; and
(ii) permit the provider to locate the
reference or link described in clause (i).
(4) Penalties for false or deceptive notice.--
(A) Knowing material representations.--
(i) In general.--It shall be unlawful to
knowingly materially misrepresent under
paragraph (3)--
(I) that the material requested to
be removed is an unauthorized digital
replica;
(II) that an individual or entity
has the authority to act on behalf of
the right holder; or
(III) that a digital replica or a
product or service described in
subsection (c)(2)(B) is not authorized
by the right holder or by other law.
(ii) Failure to perform good faith
review.--The failure to undertake a good faith
review to determine whether material with
respect to which notice is provided under
paragraph (3) qualifies as a digital replica
shall constitute a knowing material
misrepresentation under this subparagraph.
(B) Penalties.--In addition to a cause of action
that is available under subsection (e), any individual
or entity that violates subparagraph (A) of this
paragraph shall be liable to 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 sent under
paragraph (3) that contains a misrepresentation
described in subparagraph (A) of this
paragraph; or
(ii) any actual damages, including costs
and attorney's fees, incurred by the alleged
violator, as well as by any provider of an
online service injured by the reliance of the
provider on the misrepresentation in removing
or disabling access to the material or activity
claimed to be an unauthorized digital replica.
(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), engages in an activity described in subsection
(c)(2) may be brought by--
(A) the applicable right holder;
(B) if the applicable right holder is an individual
who is younger than 18 years of age, a parent or
guardian of that individual; or
(C) in the case of a digital replica involving a
sound recording artist, any individual or entity that
has, directly or indirectly, entered into--
(i) a contract for the exclusive personal
services of the sound recording artist as a
sound recording artist; or
(ii) an exclusive license to distribute or
transmit 1 or more works that capture the audio
performance of the sound recording artist.
(2) Limitations period.--A civil action may not be brought
under this subsection unless the civil action is commenced not
later than 3 years after the date on which the party seeking to
bring the civil action discovered, or with due diligence should
have discovered, the applicable violation.
(3) Defense not permitted.--It shall not be a defense in a
civil action brought under this subsection that the defendant
displayed or otherwise communicated to the public a disclaimer
stating that the applicable digital replica, or the applicable
product or service described in subsection (c)(2)(B), was
unauthorized or disclosed that the digital replica, product, or
service was generated through the use of artificial
intelligence or other technology.
(4) Remedies.--
(A) In general.--In any civil action brought under
this subsection--
(i) an individual or entity that engages in
an activity described in subsection (c)(2)(A)
shall be liable to the injured party in an
amount equal to the greater of--
(I)(aa) in the case of an
individual, $5,000 per work embodying
the applicable unauthorized digital
replica;
(bb) in the case of a provider of
an online service that has undertaken a
good faith effort to comply with
subsection (d), $25,000 per work
embodying the applicable unauthorized
digital replica;
(cc) in the case of a provider of
an online service that has not
undertaken a good faith effort to
comply with subsection (d), $5,000 per
display, copy made, transmission, and
instance of the unauthorized digital
replica being made available on the
online service in a sum of not more
than $750,000 per work embodying the
applicable unauthorized digital
replica; and
(dd) in the case of an entity that
is not a provider of an online service,
$25,000 per work embodying the
applicable unauthorized digital
replica; or
(II) any actual damages suffered by
the injured party as a result of the
activity, plus any profits from the
unauthorized use that are attributable
to such use and are not taken into
account in computing the actual
damages;
(ii) an individual or entity that engages
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 comply with
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
comply with subsection (d), $750,000
per product or service; or
(dd) in the case of an entity that
is not a provider of an online service,
$25,000 per product or service; or
(II) any actual damages suffered by
the injured party as a result of the
activity, plus any profits from the
unauthorized use that are attributable
to such use and are not taken into
account in computing the actual
damages;
(iii) the plaintiff may seek injunctive or
other equitable relief;
(iv) in the case of willful activity in
which the injured party has proven that the
defendant acted with malice, fraud, knowledge,
or willful avoidance of knowledge that the
conduct violated the law, the court may award
to the injured party punitive damages; and
(v) if the prevailing party is--
(I) the party bringing the action,
the court shall award reasonable
attorney's fees; or
(II) the party defending the
action, the court shall award
reasonable attorney's fees if the court
determines that the action was not
brought in good faith.
(B) Objectively reasonable belief.--A provider of
an online service that has designated an agent under
subsection (d)(2) and has an objectively reasonable
belief that material that is claimed to be an
unauthorized digital replica does not qualify as a
digital replica shall be liable only for actual damages
under subparagraph (A) if the material is ultimately
determined to be an unauthorized digital replica.
(C) Replacement of removed material.--If the end
user that uploaded the material that the provider of an
online service has removed, or to which the provider of
an online service has disabled access, brings an action
in a court of the United States against the sender of a
notification under subsection (d)(3) claiming that such
notification was false or deceptive, as described in
subsection (d)(4), the provider may, if the action is
brought not later than 14 days after the end user
receives notice that the provider has removed or
disabled access to the material, restore the removed
material to the network of the provider for access by
members of the public without monetary liability
therefor to either the notice sender or the end user
that uploaded the material to which the provider had
removed or disabled access.
(f) Subpoena To Identify Violator.--
(1) Request.--A right holder, an individual or entity
authorized to act on behalf of a right holder, or an eligible
plaintiff under subsection (e)(1) may request the clerk of any
district court of the United States to issue a subpoena to a
provider of an online service for identification of an alleged
violator of this section in accordance with this subsection.
(2) Contents of request.--A request under paragraph (1) may
be made by filing with the clerk--
(A) a copy of a notification described in
subsection (d)(3);
(B) a proposed subpoena; and
(C) a sworn declaration to the effect that--
(i) the purpose of the subpoena is to
obtain the identity of an individual or entity
alleged to be liable under subsection (c); and
(ii) the information described in clause
(i) will only be used for the purpose of
protecting rights under this section.
(3) Contents of subpoena.--A subpoena issued under this
subsection shall authorize and order the provider of the
applicable online service to expeditiously disclose to the
party that sought the subpoena information sufficient to
identify the alleged violator by virtue of the activity
described in the notification to the extent that information is
available to the provider of the online service.
(4) Basis for granting subpoena.--If a proposed subpoena
under this subsection is in proper form, the applicable
notification filed satisfies the requirements under subsection
(d)(3), and the accompanying declaration is properly executed,
the clerk shall expeditiously issue and sign the proposed
subpoena and return the subpoena to the requester for delivery
to the provider of the applicable online service.
(g) Preemption.--
(1) In general.--The rights established under this Act
shall preempt any cause of action under State law for the
protection of an individual's voice and visual likeness rights
in connection with a digital replica, as defined in this Act,
in an expressive work.
(2) Rule of construction.--Notwithstanding paragraph (1),
nothing in this Act may be construed to preempt--
(A) causes of action under State statutes or common
law in existence, as of January 2, 2025, regarding a
digital replica;
(B) causes of action under State statutes
specifically regulating a digital replica depicting
sexually explicit conduct, as defined in section
2256(2)(A) of title 18, United States Code, or an
election-related digital replica; or
(C) causes of action under State statutes or common
law in existence, as of January 2, 2025, for the
distributing, importing, transmitting, or otherwise
making available to the public a product or service
capable of producing 1 or more digital replicas.
(h) Rules of Construction.--
(1) Laws pertaining to intellectual property.--This section
shall be considered to be a law pertaining to intellectual
property for the purposes of section 230(e)(2) of the
Communications Act of 1934 (47 U.S.C. 230(e)(2)).
(2) No duty to monitor.--Except as expressly provided in
subsection (d)(1)(B)(ii), nothing in this section may be
construed to require the provider of an online service to--
(A) monitor the online service for, or
affirmatively seek facts about, any digital replica; or
(B) gain access to material.
(i) Severability.--If any provision of this section, or the
application of a provision of this section, is held to be invalid, the
validity of the remainder of this section, and the application of that
provision to other individuals, entities, and circumstances, shall not
be affected by that holding.
(j) Retroactive Effect.--
(1) Liabilities.--Liability under this section shall apply
only to--
(A) conduct occurring after the date of enactment
of this Act; and
(B) in the case of conduct covered by a license or
contract, a license or contract that is executed after
the date of enactment of this Act.
(2) Digital replication right.--The right granted under
subsection (b)--
(A) shall apply to any individual, regardless of
whether the individual dies before 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, assigns, or devisees of the right
holder.
(k) Effective Date.--This Act shall take effect on the date that is
180 days after the date of enactment of this Act.
<all>