II 

118TH CONGRESS 

2D SESSION S. 4875 

To protect intellectual property rights in the voice and visual likeness of 

individuals, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 31, 2024 

Mr. COONS (for himself, Mrs. BLACKBURN, Ms. KLOBUCHAR, and Mr. TILLIS) 

introduced the following bill; which was read twice and 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Nurture Originals, 

5 Foster Art, and Keep Entertainment Safe Act of 2024’’ 

6 or the ‘‘NO FAKES Act of 2024’’. 

7 SEC. 2. VOICE AND VISUAL LIKENESS RIGHTS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) DIGITAL REPLICA.—The term ‘‘digital rep10 lica’’ means a newly-created, computer-generated, 


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1 highly realistic electronic representation that is read2 ily identifiable as the voice or visual likeness of an 

3 individual that— 

4 (A) is embodied in a sound recording, 

5 image, audiovisual work, including an audio6 visual work that does not have any accom7 panying sounds, or transmission— 

8 (i) in which the actual individual did 

9 not actually perform or appear; or 

10 (ii) that is a version of a sound re11 cording, image, or audiovisual work in 

12 which the actual individual did perform or 

13 appear, in which the fundamental char14 acter of the performance or appearance 

15 has been materially altered; and 

16 (B) does not include the electronic repro17 duction, use of a sample of one sound recording 

18 or audiovisual work into another, remixing, 

19 mastering, or digital remastering of a sound re20 cording or audiovisual work authorized by the 

21 copyright holder. 

22 (2) INDIVIDUAL.—The term ‘‘individual’’ means 

23 a human being, living or dead. 

24 (3) ONLINE SERVICE.—The term ‘‘online serv25 ice’’ means— 


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1 (A)(i) any public-facing website, online ap2 plication, mobile application, or virtual reality 

3 environment that predominantly provides a 

4 community forum for user generated content, 

5 such as sharing videos, images, games, audio 

6 files, or other material; or 

7 (ii) a digital music provider, as defined in 

8 section 115(e) of title 17, United States Code; 

9 and 

10 (B) may include a social media service, so11 cial network, or application store; provided, 

12 however, that the term does not include a serv13 ice by wire or radio that provides the capability 

14 to transmit data to and receive data from all, 

15 or substantially all, internet endpoints, includ16 ing any capabilities that are incidental to enable 

17 the operation of the communications service of 

18 a provider of online services or network access, 

19 or the operator of facilities for such service. 

20 (4) PRODUCTION.—The term ‘‘production’’ 

21 means the creation of a digital replica. 

22 (5) RIGHT HOLDER.—The term ‘‘right holder’’ 

23 means the individual whose voice or visual likeness 

24 is at issue with respect to a digital replica and any 

25 other person that has acquired, through a license, 


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1 inheritance, or otherwise, the right to authorize the 

2 use of such voice or visual likeness in a digital rep3 lica. 

4 (6) SOUND RECORDING ARTIST.—The term 

5 ‘‘sound recording artist’’ means an individual who 

6 creates or performs in sound recordings for eco7 nomic gain or for the livelihood of the individual. 

8 (b) DIGITAL REPLICATION RIGHT.— 

9 (1) IN GENERAL.—Subject to the other provi10 sions of this section, each individual or right holder 

11 shall have the right to authorize the use of the voice 

12 or visual likeness of the individual in a digital rep13 lica. 

14 (2) NATURE OF RIGHT.— 

15 (A) IN GENERAL.—The right described in 

16 paragraph (1) shall have the following charac17 teristics: 

18 (i) The right is— 

19 (I) a property right; 

20 (II) not assignable during the life 

21 of the individual; and 

22 (III) licensable, in whole or in 

23 part, exclusively or non-exclusively, by 

24 the right holder. 


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1 (ii) The right shall not expire upon 

2 the death of the individual, without regard 

3 to whether the right is commercially ex4 ploited by the individual during the indi5 vidual’s lifetime. 

6 (iii) Upon the death of the indi7 vidual— 

8 (I) the right is transferable and 

9 licensable, in whole or in part, by the 

10 executors, heirs, assigns, licensees, or 

11 devisees of the individual; and 

12 (II) ownership of the right may 

13 be— 

14 (aa) transferred, in whole or 

15 in part, by any means of convey16 ance or by operation of law; and 

17 (bb) bequeathed by will or 

18 pass as personal property by the 

19 applicable laws of intestate suc20 cession. 

21 (iv) The right shall be exclusive to— 

22 (I) the individual, subject to the 

23 licensing of the right during the life24 time of that individual under subpara25 graph (B); and 


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1 (II) the right holder— 

2 (aa) for a period of 10 years 

3 after the death of the individual; 

4 and 

5 (bb) if the right holder dem6 onstrates active and authorized 

7 public use of the voice or visual 

8 likeness of the individual during 

9 the 2-year period preceding the 

10 expiration of the 10-year period 

11 described in item (aa), for an ad12 ditional 5-year period, subject to 

13 renewal for additional 5-year pe14 riods, provided the right holder 

15 can demonstrate authorized pub16 lic use of the voice or visual like17 ness of the individual during the 

18 2-year period preceding the expi19 ration of each additional 5-year 

20 period. 

21 (v) The right shall terminate on the 

22 date that is the earlier of— 

23 (I) the date on which the 10-year 

24 period or 5-year period described in 


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1 clause (iv)(II) terminates without re2 newal; or 

3 (II) the date that is 70 years 

4 after the death of the individual. 

5 (B) REQUIREMENTS FOR LICENSE.— 

6 (i) IN GENERAL.—A license described 

7 in subparagraph (A)(i)(III)— 

8 (I) while the individual is living, 

9 is valid only to the extent that the li10 cense duration does not exceed 10 

11 years; and 

12 (II) shall be valid only if the li13 cense agreement— 

14 (aa) is in writing and signed 

15 by the individual or an author16 ized representative of the indi17 vidual; and 

18 (bb) includes a reasonably 

19 specific description of the in20 tended uses of the applicable dig21 ital replica. 

22 (ii) LICENSES INVOLVING A MINOR.— 

23 A license described in subparagraph 

24 (A)(i)(III) involving a living individual who 

25 is younger than 18 years of age— 


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1 (I) is valid only to the extent that 

2 the license duration does not exceed 5 

3 years, but in any case terminates 

4 when the individual reaches 18 years 

5 of age; 

6 (II) shall be valid only if the li7 cense agreement— 

8 (aa) is in writing and signed 

9 by the individual or an author10 ized representative of the indi11 vidual; and 

12 (bb) includes a reasonably 

13 specific description of the in14 tended uses of the digital replica; 

15 and 

16 (III) the license is approved by a 

17 court in accordance with applicable 

18 State law. 

19 (iii) COLLECTIVE BARGAINING AGREE20 MENTS.—The provisions of clauses (i) and 

21 (ii) shall not apply if the license is gov22 erned by a collective bargaining agreement 

23 that addresses digital replicas. 

24 (iv) LIMITATION.—The provisions of 

25 clauses (i) and (ii) shall not affect terms 


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1 and conditions of a license or related con2 tract other than those described in this 

3 subparagraph, and the expiration of such 

4 license does not affect the remainder of the 

5 license or related contract. 

6 (C) REQUIREMENTS FOR POST-MORTEM

7 TRANSFER.—A post-mortem transfer or license 

8 described in subparagraph (A)(iii)(I) shall be 

9 valid only if the transfer agreement or license 

10 agreement is in writing and signed by the right 

11 holder or an authorized representative of the 

12 right holder. 

13 (D) REGISTRATION FOR POST-MORTEM RE14 NEWAL.— 

15 (i) IN GENERAL.—The renewal of a 

16 post-mortem right under subparagraph 

17 (A)(iv)(II)(bb) shall be effective if, during 

18 the applicable 2-year renewal period speci19 fied in that subparagraph, the right holder 

20 files a notice with the Register of Copy21 rights that complies with such require22 ments regarding form and filing proce23 dures as the Register of Copyrights may 

24 prescribe by regulation and that con25 tains— 


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1 (I) the name of the deceased in2 dividual; 

3 (II) a statement, under penalty 

4 of perjury, that the right holder has 

5 engaged in active and authorized pub6 lic use of the voice or visual likeness 

7 during the applicable 2-year period; 

8 (III) the identity of and contact 

9 information for the right holder; and 

10 (IV) such other information as 

11 the Register of Copyrights may pre12 scribe by regulation. 

13 (ii) DIRECTORY.—The Register of 

14 Copyrights— 

15 (I) shall— 

16 (aa) maintain a current di17 rectory of post-mortem digital 

18 replication rights registered 

19 under this subparagraph; and 

20 (bb) make the directory de21 scribed in item (aa) available to 

22 the public for inspection online; 

23 and 

24 (II) may require payment of a 

25 reasonable filing fee by the registrant, 


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1 which may take into consideration the 

2 costs of maintaining the directory de3 scribed in subclause (I). 

4 (iii) VOLUNTARY INITIAL REGISTRA5 TION.— 

6 (I) IN GENERAL.—The right 

7 holder may voluntarily register the 

8 post-mortem right under subpara9 graph (A)(iv)(II)(aa) by filing a notice 

10 with the Register of Copyrights that 

11 complies with such requirements re12 garding form, content, and filing pro13 cedures as the Register of Copyrights 

14 may prescribe by regulation. 

15 (II) AUTHORITY OF REGISTER OF

16 COPYRIGHTS.—The Register of Copy17 rights may— 

18 (aa) include a voluntary reg19 istration of the post-mortem 

20 right under subparagraph 

21 (A)(iv)(II)(aa) in the directory 

22 required by clause (ii)(I)(aa); and 

23 (bb) require payment of a 

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1 sideration the costs of maintain2 ing the directory. 

3 (iv) AUTHORITY OF REGISTER OF

4 COPYRIGHTS.—The Register of Copyrights 

5 may make such interpretations and resolve 

6 such ambiguities as may be appropriate to 

7 carry out this subparagraph. 

8 (E) POST-EXPIRATION OR TERMINATION

9 UTILIZATION OF AUTHORIZED USES.—A digital 

10 replica that is embodied in a sound recording, 

11 image, audiovisual work, including an audio12 visual work that does not have any accom13 panying sounds, or transmission, and the use of 

14 which is authorized pursuant to the terms of a 

15 license, may continue to be utilized in a manner 

16 consistent with the terms of that license after 

17 the expiration or termination of the license. 

18 (c) LIABILITY.— 

19 (1) IN GENERAL.—Any person that, in a man20 ner affecting interstate commerce (or using any 

21 means or facility of interstate commerce), engages in 

22 an activity described in paragraph (2) shall be liable 

23 in a civil action brought under subsection (e). 

24 (2) ACTIVITIES DESCRIBED.—An activity de25 scribed in this paragraph is either of the following: 


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1 (A) The production of a digital replica 

2 without consent of the applicable right holder. 

3 (B) The publication, reproduction, display, 

4 distribution, transmission of, or otherwise mak5 ing available to the public, a digital replica 

6 without consent of the applicable right holder. 

7 (3) KNOWLEDGE REQUIRED.—To incur liability 

8 under this subsection, a person engaging in an activ9 ity shall have actual knowledge, which could be ob10 tained through a notification that satisfies sub11 section (d)(3), or shall willfully avoid having such 

12 knowledge, that— 

13 (A) the applicable material is a digital rep14 lica; and 

15 (B) the digital replica was not authorized 

16 by the applicable right holder. 

17 (4) EXCLUSIONS.— 

18 (A) IN GENERAL.—It shall not be a viola19 tion of paragraph (1) if— 

20 (i) the applicable digital replica is pro21 duced or used in a bona fide news, public 

22 affairs, or sports broadcast or account, 

23 provided that the digital replica is the sub24 ject of, or is materially relevant to, the 

25 subject of such broadcast or account; 


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1 (ii) the applicable digital replica is a 

2 representation of the applicable individual 

3 as the individual in a documentary or in a 

4 historical or biographical manner, includ5 ing some degree of fictionalization, un6 less— 

7 (I) the production or use of that 

8 digital replica creates the false im9 pression that the work is an authentic 

10 sound recording, image, transmission, 

11 or audiovisual work in which the indi12 vidual participated; or 

13 (II) the digital replica is em14 bodied in a musical sound recording 

15 that is synchronized to accompany a 

16 motion picture or other audiovisual 

17 work, except to the extent that the 

18 use of that digital replica is protected 

19 by the First Amendment to the Con20 stitution of the United States; 

21 (iii) the applicable digital replica is 

22 produced or used consistent with the public 

23 interest in bona fide commentary, criti24 cism, scholarship, satire, or parody; 


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1 (iv) the use of the applicable digital 

2 replica is fleeting or negligible; or 

3 (v) the applicable digital replica is 

4 used in an advertisement or commercial 

5 announcement for a purpose described in 

6 any of clauses (i) through (iv) and the ap7 plicable digital replica is relevant to the 

8 subject of the work so advertised or an9 nounced. 

10 (B) APPLICABILITY.—Subparagraph (A) 

11 shall not apply where the applicable digital rep12 lica is used to depict sexually explicit conduct, 

13 as defined in section 2256(2)(A) of title 18, 

14 United States Code. 

15 (d) SAFE HARBORS.— 

16 (1) IN GENERAL.— 

17 (A) PRODUCTS AND SERVICES CAPABLE OF

18 PRODUCING DIGITAL REPLICAS.—No person 

19 shall be secondarily liable for a violation of this 

20 section for manufacturing, importing, offering 

21 to the public, providing, or otherwise distrib22 uting a product or service unless the product or 

23 service— 

24 (i) is primarily designed to produce 1 

25 or more unauthorized digital replicas; 


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1 (ii) has only limited commercially sig2 nificant purpose or use other than to 

3 produce an unauthorized digital replica; or 

4 (iii) is marketed, advertised, or other5 wise promoted by that person or another 

6 acting in concert with that person with 

7 that person’s knowledge for use in pro8 ducing an unauthorized digital replica. 

9 (B) REFERRAL OR LINKING.—An online 

10 service shall not be liable for violating the right 

11 described in subsection (b) by referring or link12 ing a user to an unauthorized digital replica, or 

13 by carrying out an activity described in sub14 section (c)(2), if, upon receiving a notification 

15 described in paragraph (3), the online service 

16 removes or disables access to the material that 

17 is claimed to be an unauthorized digital replica 

18 as soon as is technically and practically feasible 

19 for that online service. 

20 (C) ONLINE SERVICES HOSTING USER21 UPLOADED MATERIAL.—An online service shall 

22 not be liable for violating the right described in 

23 subsection (b) by storing third-party provided 

24 material that resides on a system or network 

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1 ice, if, upon receiving a notification that satis2 fies paragraph (3), the online service— 

3 (i) removes, or disables access to, all 

4 instances of the material (or an activity 

5 using the material) that is claimed to be 

6 an unauthorized digital replica as soon as 

7 is technically and practically feasible for 

8 that online service; and 

9 (ii) having done so, takes reasonable 

10 steps to promptly notify the third-party 

11 that provided the material that the online 

12 service has removed or disabled access to 

13 the material. 

14 (2) DESIGNATED AGENT.— 

15 (A) IN GENERAL.—The limitations on li16 ability established under this subsection shall 

17 apply to an online service only if the online 

18 service has designated an agent to receive noti19 fications under paragraph (3), by making avail20 able through the online service, including on the 

21 website of the online service in a location acces22 sible to the public, and by providing to the 

23 Copyright Office, substantially the following in24 formation: 


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1 (i) The name, address, telephone 

2 number, and electronic mail address of the 

3 agent. 

4 (ii) Other contact information that the 

5 Register of Copyrights may determine ap6 propriate. 

7 (B) DIRECTORY.—The Register of Copy8 rights— 

9 (i) shall— 

10 (I) maintain a current directory 

11 of designated agents for the purposes 

12 of this paragraph; and 

13 (II) make the directory described 

14 in subclause (I) available to the public 

15 for inspection, including through the 

16 internet; and 

17 (ii) may require payment of a fee by 

18 online services to cover the costs of main19 taining the directory described in clause 

20 (i)(I). 

21 (3) ELEMENTS OF NOTIFICATION.—To be effec22 tive under this subsection, a notification of a claimed 

23 violation of the right described in subsection (b) 

24 shall be a written communication provided to the 


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1 designated agent of an online service that includes 

2 the following: 

3 (A) A physical or electronic signature of 

4 the right holder, a person authorized to act on 

5 behalf of the right holder, or an eligible plaintiff 

6 under subsection (e)(1). 

7 (B) Identification of the individual, the 

8 voice or visual likeness of whom is being used 

9 in an unauthorized digital replica. 

10 (C) Identification of the material con11 taining an unauthorized digital replica, includ12 ing information sufficient to allow the online 

13 service to locate the allegedly unauthorized dig14 ital replica. 

15 (D) Information reasonably sufficient to 

16 permit the online service to contact the noti17 fying party, such as an address, telephone num18 ber, and electronic mail address. 

19 (E) A statement that the notifying party 

20 believes in good faith that the material is an 

21 unauthorized use of a digital replica. 

22 (F) If not the right holder or an eligible 

23 plaintiff under subsection (e)(1), a statement 

24 that the notifying party has the authority to act 

25 on behalf of the right holder. 


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1 (G) For the purposes of paragraph (1)(B), 

2 information reasonably sufficient to— 

3 (i) identify the reference or link to the 

4 material or activity claimed to be an unau5 thorized digital replica that is to be re6 moved or to which access is to be disabled; 

7 and 

8 (ii) permit the online service to locate 

9 the reference or link described in clause 

10 (i). 

11 (4) PENALTIES FOR FALSE OR DECEPTIVE NO12 TICE.— 

13 (A) IN GENERAL.—It shall be unlawful to 

14 knowingly materially misrepresent under para15 graph (3)— 

16 (i) that the material requested to be 

17 removed is an unauthorized digital replica; 

18 (ii) that a person has the authority to 

19 act on behalf of the right holder; or 

20 (iii) that a digital replica is not au21 thorized by the right holder or by other 

22 law. 

23 (B) PENALTIES.—Any person that violates 

24 subparagraph (A) shall be liable for an amount 

25 equal to the greater of— 


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1 (i) $5,000; or 

2 (ii) any actual damages, including 

3 costs and attorney’s fees, incurred by the 

4 alleged violator, as well as by any online 

5 service injured by the reliance of the online 

6 service on the misrepresentation in remov7 ing or disabling access to the material or 

8 activity claimed to be an unauthorized dig9 ital replica. 

10 (e) CIVIL ACTION.— 

11 (1) ELIGIBLE PLAINTIFFS.—A civil action for a 

12 violation of this section may be brought by— 

13 (A) a right holder; 

14 (B) if the individual is younger than 18 

15 years of age, a parent or guardian of the indi16 vidual; 

17 (C) any other person that controls, includ18 ing by virtue of a license, the right to authorize 

19 the use of the voice or visual likeness of the 

20 right holder described in subparagraph (A); 

21 (D) any other person that owns or controls 

22 the right to authorize the use of the voice or 

23 visual likeness of a deceased individual de24 scribed in subparagraph (A); or 


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1 (E) in the case of a digital replica involv2 ing a sound recording artist, any person that 

3 has, directly or indirectly, entered into— 

4 (i) a contract for the exclusive per5 sonal services of the sound recording artist 

6 as a sound recording artist; or 

7 (ii) an exclusive license to distribute 

8 or transmit 1 or more works that capture 

9 the audio performance of the sound record10 ing artist. 

11 (2) LIMITATIONS PERIOD.—A civil action may 

12 not be brought under this subsection unless the ac13 tion is commenced not later than 3 years after the 

14 date on which the party seeking to bring the civil ac15 tion discovered, or with due diligence should have 

16 discovered, the applicable violation. 

17 (3) DEFENSE NOT PERMITTED.—It shall not be 

18 a defense in a civil action brought under this sub19 section that the defendant displayed or otherwise 

20 communicated to the public a disclaimer stating that 

21 the applicable digital replica was unauthorized or 

22 disclosing that the digital replica was generated 

23 through the use of artificial intelligence or other 

24 technology. 

25 (4) REMEDIES.— 


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1 (A) IN GENERAL.—In any civil action 

2 brought under this subsection— 

3 (i) an individual or entity that en4 gages in an activity described in subsection 

5 (c)(2) shall be liable to the injured party in 

6 an amount equal to the greater of— 

7 (I)(aa) in the case of an indi8 vidual, $5,000 per work embodying 

9 the applicable unauthorized digital 

10 replica; 

11 (bb) in the case of an entity that 

12 is an online service, $5,000 per viola13 tion; and 

14 (cc) in the case of an entity that 

15 is not an online service, $25,000 per 

16 work embodying the applicable unau17 thorized digital replica; or 

18 (II) any actual damages suffered 

19 by the injured party as a result of the 

20 activity, plus any profits from the un21 authorized use that are attributable to 

22 such use and are not taken into ac23 count in computing the actual dam24 ages; 


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1 (ii) the plaintiff may seek injunctive 

2 or other equitable relief; 

3 (iii) in the case of willful activity in 

4 which the injured party has proven that 

5 the defendant acted with malice, fraud, 

6 knowledge, or willful avoidance of knowl7 edge that the conduct violated the law, the 

8 court may award to the injured party puni9 tive damages; and 

10 (iv) if the prevailing party is— 

11 (I) the party bringing the action, 

12 the court shall award reasonable at13 torney’s fees; or 

14 (II) the party defending the ac15 tion, the court shall award reasonable 

16 attorney’s fees if the court determines 

17 that the action was not brought in 

18 good faith. 

19 (B) VIOLATION DEFINED.—For purposes 

20 of this paragraph, ‘‘violation’’ means each dis21 play, copy made, transmission, and each in22 stance of the unauthorized digital replica being 

23 otherwise made available on the online service, 

24 unless the online service has taken reasonable 

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1 thorized digital replica as soon as is technically 

2 and practically feasible for the online service 

3 upon acquiring knowledge as set forth in sub4 section (c)(3). 

5 (C) OBJECTIVELY REASONABLE BELIEF.— 

6 An online service that has an objectively reason7 able belief that material that is claimed to be 

8 an unauthorized digital replica does not qualify 

9 as a digital replica under subsection (a)(1) shall 

10 not be liable for statutory or actual damages 

11 exceeding $1,000,000, regardless of whether the 

12 material is ultimately determined to be an un13 authorized digital replica. 

14 (D) REPLACEMENT OF REMOVED MATE15 RIAL.—In the event that the third-party that 

16 provided the material that the online service 

17 has removed or to which the online service has 

18 disabled access files a lawsuit in a court of the 

19 United States against the sender of a notice 

20 under subsection (d)(3) claiming that such no21 tice was false or deceptive as provided in sub22 section (d)(4), the online service may, provided 

23 that the lawsuit was filed not later than 14 

24 days after the user receives notice that the on25 line service has removed or disabled access to 


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1 the material, restore the removed material to its 

2 network for access by members of the public 

3 without monetary liability therefor to either the 

4 notice sender or the third-party that provided 

5 the material that the online service had re6 moved or disabled access. 

7 (f) PREEMPTION.— 

8 (1) IN GENERAL.—The rights established under 

9 this Act shall preempt any cause of action under 

10 State law for the protection of an individual’s voice 

11 and visual likeness rights in connection with a dig12 ital replica, as defined in this Act, in an expressive 

13 work. 

14 (2) RULE OF CONSTRUCTION.—Notwith15 standing paragraph (1), nothing in this Act may be 

16 construed to preempt— 

17 (A) causes of action under State statutes 

18 or common law in existence as of January 2, 

19 2025, regarding a digital replica, as defined in 

20 this Act; 

21 (B) causes of action under State statutes 

22 specifically regulating a digital replica depicting 

23 sexually explicit conduct, as defined in section 

24 2256(2)(A) of title 18, United States Code, or 

25 an election-related digital replica; or 


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1 (C) causes of action under State statutes 

2 or common law for the manufacturing, import3 ing, offering to the public, providing, making 

4 available, or otherwise distributing a product or 

5 service capable of producing 1 or more digital 

6 replicas. 

7 (g) RULE OF CONSTRUCTION.—This section shall be 

8 considered to be a law pertaining to intellectual property 

9 for the purposes of section 230(e)(2) of the Communica10 tions Act of 1934 (47 U.S.C. 230(e)(2)). 

11 (h) SEVERABILITY.—If any provision of this section, 

12 or the application of a provision of this section, is held 

13 to be invalid, the validity of the remainder of this section, 

14 and the application of that provision to other persons and 

15 circumstances, shall not be affected by that holding. 

16 (i) RETROACTIVE EFFECT.— 

17 (1) LIABILITIES.—Liability under this section 

18 shall apply only to— 

19 (A) conduct occurring after the date of en20 actment of this Act; and 

21 (B) in the case of conduct covered by a li22 cense or contract, a license or contract that is 

23 executed after the date of enactment of this 

24 Act. 


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•S 4875 IS

1 (2) DIGITAL REPLICATION RIGHT.—The right 

2 granted under subsection (b)— 

3 (A) shall apply to any individual, regard4 less of whether the individual dies before or 

5 after the date of enactment of this Act; and 

6 (B) in the case of a right holder who has 

7 died before the date of enactment of this Act, 

8 shall vest in the executors, heirs, assigns, or 

9 devisees of the right holder. 

10 (j) EFFECTIVE DATE.—This Act shall take effect on 

11 the date that is 180 days after the date of enactment of 

12 this Act. 

Æ 


ssavage on LAPJG3WLY3PROD with BILLS