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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6943 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 6943

    To provide for individual property rights in likeness and voice.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 10, 2024

  Ms. Salazar (for herself, Ms. Dean of Pennsylvania, Mr. Moran, Mr. 
  Morelle, and Mr. Wittman) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
    To provide for individual property rights in likeness and voice.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Artificial Intelligence Fake 
Replicas And Unauthorized Duplications Act of 2024'' or as the ``No AI 
FRAUD Act''.

SEC. 2. FINDINGS.

    Congress finds that recent advancements in artificial intelligence 
(AI) technology and the development of deepfake software have adversely 
affected individuals' ability to protect their voice and likeness from 
misappropriation, including:
            (1) On or around April 4, 2023, AI technology was used to 
        create the song titled ``Heart on My Sleeve,'' emulating the 
        voices of recording artists Drake and The Weeknd. It reportedly 
        received more than 11 million views.
            (2) On or around October 1, 2023, AI technology was used to 
        create a false endorsement featuring Tom Hanks' face in an 
        advertisement for a dental plan.
            (3) From October 16 to 20, 2023, AI technology was used to 
        create false, nonconsensual intimate images of high school 
        girls in Westfield, New Jersey.
            (4) In fall 2023, AI technology was used to create the song 
        titled ``Demo #5: nostalgia,'' manipulating the voices of 
        Justin Bieber, Daddy Yankee and Bad Bunny. It reportedly 
        received 22 million views on Tik Tok and 1.2 million views on 
        YouTube.
            (5) A Department of Homeland Security report titled the 
        ``Increasing Threat of Deepfake Identities'' states that as of 
        October 2020, researchers had reported more than 100,000 
        computer-generated fake nude images of women created without 
        their consent or knowledge.
            (6) According to Pew Research Center, approximately 63 
        percent of American say made-up or altered videos create 
        confusion about the basic facts of current issues.

SEC. 3. LIKENESS AND VOICE RIGHTS.

    (a) Definitions.--In this Act:
            (1) The term ``individual'' means a human being, living or 
        dead.
            (2) The term ``digital depiction'' means a replica, 
        imitation, or approximation of the likeness of an individual 
        that is created or altered in whole or in part using digital 
        technology.
            (3) The term ``personalized cloning service'' means an 
        algorithm, software, tool, or other technology, service, or 
        device the primary purpose or function of which is to produce 
        one or more digital voice replicas or digital depictions of 
        particular, identified individuals.
            (4) The term ``digital voice replica'' means an audio 
        rendering that is created or altered in whole or in part using 
        digital technology and is fixed in a sound recording or 
        audiovisual work which includes replications, imitations, or 
        approximations of an individual that the individual did not 
        actually perform.
            (5) The term ``voice'' means sounds in any medium 
        containing the actual voice or a simulation of the voice of an 
        individual, whether recorded or generated by computer, 
        artificial intelligence, algorithm, or other digital 
        technology, service, or device, to the extent that the 
        individual depicted or simulated is readily identifiable from 
        the sound of the voice or simulation of the voice, or from 
        other information displayed in connection therewith.
            (6) The term ``likeness'' means the actual or simulated 
        image or likeness of an individual, regardless of the means of 
        creation, that is readily identifiable as the individual by 
        virtue of the individual's face, likeness, or other 
        distinguishing characteristic, or from other information 
        displayed in connection with the likeness.
            (7) The term ``digital technology'' means a technology or 
        device now known or hereafter created such as computer 
        software, artificial intelligence, machine learning, quantum 
        computing, or other similar technologies or devices.
    (b) Property Right in Likeness and Voice.--
            (1) In general.--Every individual has a property right in 
        their own likeness and voice.
            (2) Extent.--The rights provided for in paragraph (1) 
        constitute intellectual property rights and are freely 
        transferable and descendible, in whole or in part, and do not 
        expire upon the death of the individual, whether or not such 
        rights were commercially exploited by the individual during the 
        individual's lifetime.
            (3) Transferability.--The rights provided for in paragraph 
        (1) shall be exclusive to the individual, subject to the 
        transfer of such rights as provided in paragraph (2), during 
        such individual's lifetime and to the executors, heirs, 
        transferees, or devisees for a period of ten years after the 
        death of the individual, and shall be terminated by--
                    (A) proof of the non-use of the likeness or voice 
                of any individual for commercial purposes by an 
                executor, transferee, heir, or devisee to such use for 
                a period of two years subsequent to the initial ten-
                year period following the individual's death; or
                    (B) the death of all executors, transferees, heirs, 
                or devisees.
            (4) Validity of use.--An agreement authorizing the use of a 
        digital depiction or digital voice replica for a new 
        performance of the individual in an advertisement or expressive 
        work shall be valid only if--
                    (A) the applicable individual was--
                            (i) represented by counsel in the 
                        transaction and the agreement was in writing; 
                        and
                            (ii) 18 years of age or older at the time 
                        of entry into the agreement, or, if under 18 
                        years of age at that time, the agreement is 
                        approved by a court in accordance with 
                        applicable State law; or
                    (B) the terms of the agreement are governed by a 
                collective bargaining agreement.
    (c) Unauthorized Simulation of Voice or Likeness.--
            (1) In general.--Any person or entity who, in a manner 
        affecting interstate or foreign commerce (or using any means or 
        facility of interstate or foreign commerce), and without 
        consent of the individual holding the voice or likeness rights 
        affected thereby--
                    (A) distributes, transmits, or otherwise makes 
                available to the public a personalized cloning service;
                    (B) publishes, performs, distributes, transmits, or 
                otherwise makes available to the public a digital voice 
                replica or digital depiction with knowledge that the 
                digital voice replica or digital depiction was not 
                authorized by the individual holding the voice or 
                likeness rights affected thereby; or
                    (C) materially contributes to, directs, or 
                otherwise facilitates any of the conduct proscribed in 
                subparagraph (A) or (B) with knowledge that the 
                individual holding the affected voice or likeness 
                rights has not consented to the conduct,
        shall be liable for damages as set forth in paragraph (2).
            (2) Remedies.--In any action brought under this section, 
        the following shall apply:
                    (A) The person or entity who violated the section 
                shall be liable to the injured party or parties in an 
                amount equal to the greater of--
                            (i) in the case of an unauthorized 
                        distribution, transmission, or other making 
                        available of a personalized cloning service, 
                        fifty thousand dollars ($50,000) per violation 
                        or the actual damages suffered by the injured 
                        party or parties as a result of the 
                        unauthorized use, plus any profits from the 
                        unauthorized use that are attributable to such 
                        use and are not taken into account in computing 
                        the actual damages; and
                            (ii) in the case of an unauthorized 
                        publication, performance, distribution, 
                        transmission, or other making available of a 
                        digital voice replica or digital depiction, 
                        five thousand dollars ($5,000) per violation or 
                        the actual damages suffered by the injured 
                        party or parties as a result of the 
                        unauthorized use, plus any profits from the 
                        unauthorized use that are attributable to such 
                        use and are not taken into account in computing 
                        the actual damages.
                    (B) In establishing profits under this subdivision, 
                the injured party or parties shall be required only to 
                present proof of the gross revenue attributable to the 
                unauthorized use, and the person or entity who violated 
                this section shall be required to prove his or her 
                expenses deductible therefrom.
                    (C) Punitive damages and reasonable attorneys' fees 
                may also be awarded to the injured party or parties.
                    (D) It shall not be a defense to an allegation of a 
                violation of paragraph (1) that the unauthorized user 
                displayed or otherwise communicated to the public a 
                disclaimer stating that the digital depiction, digital 
                voice replica, or personalized cloning service was 
                unauthorized or that the individual rights owner did 
                not participate in the creation, development, 
                distribution, or dissemination of the unauthorized 
                digital depiction, digital voice replica, or 
                personalized cloning service.
                    (E) An action to enforce this section may be 
                brought by--
                            (i) the individual whose voice or likeness 
                        is at issue;
                            (ii) any other person or entity to which 
                        the individual has assigned or exclusively 
                        licensed their voice or likeness rights; or
                            (iii) in the case of an individual who 
                        performs music as a profession, and has not 
                        authorized the use at issue, by any person or 
                        entity that has entered into a contract for the 
                        individual's exclusive personal services as a 
                        recording artist or an exclusive license to 
                        distribute sound recordings that capture the 
                        individual's audio performances.
    (d) First Amendment Defense.--First Amendment protections shall 
constitute a defense to an alleged violation of subsection (c). In 
evaluating any such defense, the public interest in access to the use 
shall be balanced against the intellectual property interest in the 
voice or likeness. Factors to be considered may include whether--
            (1) the use is commercial;
            (2) the individual whose voice or likeness is at issue is 
        necessary for and relevant to the primary expressive purpose of 
        the work in which the use appears; and
            (3) the use competes with or otherwise adversely affects 
        the value of the work of the owner or licensee of the voice or 
        likeness rights at issue.
    (e) Limitation.--
            (1) In general.--A person or entity who uses an 
        individual's voice or likeness in a manner that violates 
        subsection (c) shall not be liable if the harm caused by such 
        conduct is negligible.
            (2) Harm.--For purposes of this section, the term ``harm'' 
        includes--
                    (A) financial or physical injury, or an elevated 
                risk of such injury, to any person whose voice or 
                likeness rights are affected by the conduct at issue;
                    (B) severe emotional distress of any person whose 
                voice or likeness is used without consent; and
                    (C) a likelihood that the use deceives the public, 
                a court, or tribunal.
            (3) Per se harm.--Any digital depiction or digital voice 
        replica which includes child sexual abuse material, is sexually 
        explicit, or includes intimate images constitutes harm.
            (4) Balance of equities.--Except when paragraph (3) 
        applies, alleged harms shall be weighed against--
                    (A) whether the individual whose voice or likeness 
                is at issue is necessary for and relevant to the 
                primary expressive purpose of the work in which the use 
                appears;
                    (B) whether the use is transformative; and
                    (C) whether the use constitutes constitutionally 
                protected commentary on a matter of public concern.
    (f) Limitations Period.--No civil action shall be maintained under 
the provisions of this Act unless it is commenced within four years 
after the party seeking to bring the claim discovered, or with due 
diligence should have discovered, the violation.
    (g) No Preemption.--Nothing in this Act shall be construed to limit 
any rights an individual may have under any other law providing 
protections against the unauthorized use of an individual's name, 
voice, or likeness.
    (h) Severability.--If any provision of this Act, or the application 
thereof, is held invalid, the validity of the remainder of this Act and 
the application of such provision to other persons and circumstances 
shall not be affected thereby.
    (i) Construction.--Nothing in this Act shall alter the application 
by a court of First Amendment protections in the event such a defense 
is asserted to subsection (c).
    (j) Application.--This section shall be considered to be a law 
pertaining to intellectual property for the purposes of section 
230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)).
    (k) Effective Date.--This Act shall be effective 180 days after the 
enactment of this Act, and shall apply regardless of whether the 
individual has died before such effective date.
                                 <all>
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