I 

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. 

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 ‘‘No Artificial Intel5 ligence Fake Replicas And Unauthorized Duplications Act 

6 of 2024’’ or as the ‘‘No AI FRAUD Act’’. 

7 SEC. 2. FINDINGS. 

8 Congress finds that recent advancements in artificial 

9 intelligence (AI) technology and the development of 

10 deepfake software have adversely affected individuals’ abilVerDate Sep 11 2014 03:54 Jan 26, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6943.IH H6943

SSpencer on DSK126QN23PROD with BILLS
2 

•HR 6943 IH

1 ity to protect their voice and likeness from misappropria2 tion, including: 

3 (1) On or around April 4, 2023, AI technology 

4 was used to create the song titled ‘‘Heart on My 

5 Sleeve,’’ emulating the voices of recording artists 

6 Drake and The Weeknd. It reportedly received more 

7 than 11 million views. 

8 (2) On or around October 1, 2023, AI tech9 nology was used to create a false endorsement fea10 turing Tom Hanks’ face in an advertisement for a 

11 dental plan. 

12 (3) From October 16 to 20, 2023, AI tech13 nology was used to create false, nonconsensual inti14 mate images of high school girls in Westfield, New 

15 Jersey. 

16 (4) In fall 2023, AI technology was used to cre17 ate the song titled ‘‘Demo #5: nostalgia,’’ manipu18 lating the voices of Justin Bieber, Daddy Yankee 

19 and Bad Bunny. It reportedly received 22 million 

20 views on Tik Tok and 1.2 million views on YouTube. 

21 (5) A Department of Homeland Security report 

22 titled the ‘‘Increasing Threat of Deepfake Identities’’ 

23 states that as of October 2020, researchers had re24 ported more than 100,000 computer-generated fake 


SSpencer on DSK126QN23PROD with BILLS
3 

•HR 6943 IH

1 nude images of women created without their consent 

2 or knowledge. 

3 (6) According to Pew Research Center, approxi4 mately 63 percent of American say made-up or al5 tered videos create confusion about the basic facts of 

6 current issues. 

7 SEC. 3. LIKENESS AND VOICE RIGHTS. 

8 (a) DEFINITIONS.—In this Act: 

9 (1) The term ‘‘individual’’ means a human 

10 being, living or dead. 

11 (2) The term ‘‘digital depiction’’ means a rep12 lica, imitation, or approximation of the likeness of 

13 an individual that is created or altered in whole or 

14 in part using digital technology. 

15 (3) The term ‘‘personalized cloning service’’ 

16 means an algorithm, software, tool, or other tech17 nology, service, or device the primary purpose or 

18 function of which is to produce one or more digital 

19 voice replicas or digital depictions of particular, 

20 identified individuals. 

21 (4) The term ‘‘digital voice replica’’ means an 

22 audio rendering that is created or altered in whole 

23 or in part using digital technology and is fixed in a 

24 sound recording or audiovisual work which includes 


SSpencer on DSK126QN23PROD with BILLS
4 

•HR 6943 IH

1 replications, imitations, or approximations of an in2 dividual that the individual did not actually perform. 

3 (5) The term ‘‘voice’’ means sounds in any me4 dium containing the actual voice or a simulation of 

5 the voice of an individual, whether recorded or gen6 erated by computer, artificial intelligence, algorithm, 

7 or other digital technology, service, or device, to the 

8 extent that the individual depicted or simulated is 

9 readily identifiable from the sound of the voice or 

10 simulation of the voice, or from other information 

11 displayed in connection therewith. 

12 (6) The term ‘‘likeness’’ means the actual or 

13 simulated image or likeness of an individual, regard14 less of the means of creation, that is readily identifi15 able as the individual by virtue of the individual’s 

16 face, likeness, or other distinguishing characteristic, 

17 or from other information displayed in connection 

18 with the likeness. 

19 (7) The term ‘‘digital technology’’ means a 

20 technology or device now known or hereafter created 

21 such as computer software, artificial intelligence, 

22 machine learning, quantum computing, or other 

23 similar technologies or devices. 

24 (b) PROPERTY RIGHT IN LIKENESS AND VOICE.— 


SSpencer on DSK126QN23PROD with BILLS
5 

•HR 6943 IH

1 (1) IN GENERAL.—Every individual has a prop2 erty right in their own likeness and voice. 

3 (2) EXTENT.—The rights provided for in para4 graph (1) constitute intellectual property rights and 

5 are freely transferable and descendible, in whole or 

6 in part, and do not expire upon the death of the in7 dividual, whether or not such rights were commer8 cially exploited by the individual during the individ9 ual’s lifetime. 

10 (3) TRANSFERABILITY.—The rights provided 

11 for in paragraph (1) shall be exclusive to the indi12 vidual, subject to the transfer of such rights as pro13 vided in paragraph (2), during such individual’s life14 time and to the executors, heirs, transferees, or devi15 sees for a period of ten years after the death of the 

16 individual, and shall be terminated by— 

17 (A) proof of the non-use of the likeness or 

18 voice of any individual for commercial purposes 

19 by an executor, transferee, heir, or devisee to 

20 such use for a period of two years subsequent 

21 to the initial ten-year period following the indi22 vidual’s death; or 

23 (B) the death of all executors, transferees, 

24 heirs, or devisees. 


SSpencer on DSK126QN23PROD with BILLS
6 

•HR 6943 IH

1 (4) VALIDITY OF USE.—An agreement author2 izing the use of a digital depiction or digital voice 

3 replica for a new performance of the individual in an 

4 advertisement or expressive work shall be valid only 

5 if— 

6 (A) the applicable individual was— 

7 (i) represented by counsel in the 

8 transaction and the agreement was in writ9 ing; and 

10 (ii) 18 years of age or older at the 

11 time of entry into the agreement, or, if 

12 under 18 years of age at that time, the 

13 agreement is approved by a court in ac14 cordance with applicable State law; or 

15 (B) the terms of the agreement are gov16 erned by a collective bargaining agreement. 

17 (c) UNAUTHORIZED SIMULATION OF VOICE OR LIKE18 NESS.— 

19 (1) IN GENERAL.—Any person or entity who, in 

20 a manner affecting interstate or foreign commerce 

21 (or using any means or facility of interstate or for22 eign commerce), and without consent of the indi23 vidual holding the voice or likeness rights affected 

24 thereby— 


SSpencer on DSK126QN23PROD with BILLS
7 

•HR 6943 IH

1 (A) distributes, transmits, or otherwise 

2 makes available to the public a personalized 

3 cloning service; 

4 (B) publishes, performs, distributes, trans5 mits, or otherwise makes available to the public 

6 a digital voice replica or digital depiction with 

7 knowledge that the digital voice replica or dig8 ital depiction was not authorized by the indi9 vidual holding the voice or likeness rights af10 fected thereby; or 

11 (C) materially contributes to, directs, or 

12 otherwise facilitates any of the conduct pro13 scribed in subparagraph (A) or (B) with knowl14 edge that the individual holding the affected 

15 voice or likeness rights has not consented to the 

16 conduct, 

17 shall be liable for damages as set forth in paragraph 

18 (2). 

19 (2) REMEDIES.—In any action brought under 

20 this section, the following shall apply: 

21 (A) The person or entity who violated the 

22 section shall be liable to the injured party or 

23 parties in an amount equal to the greater of— 

24 (i) in the case of an unauthorized dis25 tribution, transmission, or other making 


SSpencer on DSK126QN23PROD with BILLS
8 

•HR 6943 IH

1 available of a personalized cloning service, 

2 fifty thousand dollars ($50,000) per viola3 tion or the actual damages suffered by the 

4 injured party or parties as a result of the 

5 unauthorized use, plus any profits from the 

6 unauthorized use that are attributable to 

7 such use and are not taken into account in 

8 computing the actual damages; and 

9 (ii) in the case of an unauthorized 

10 publication, performance, distribution, 

11 transmission, or other making available of 

12 a digital voice replica or digital depiction, 

13 five thousand dollars ($5,000) per violation 

14 or the actual damages suffered by the in15 jured party or parties as a result of the 

16 unauthorized use, plus any profits from the 

17 unauthorized use that are attributable to 

18 such use and are not taken into account in 

19 computing the actual damages. 

20 (B) In establishing profits under this sub21 division, the injured party or parties shall be re22 quired only to present proof of the gross rev23 enue attributable to the unauthorized use, and 

24 the person or entity who violated this section 


SSpencer on DSK126QN23PROD with BILLS
9 

•HR 6943 IH

1 shall be required to prove his or her expenses 

2 deductible therefrom. 

3 (C) Punitive damages and reasonable at4 torneys’ fees may also be awarded to the in5 jured party or parties. 

6 (D) It shall not be a defense to an allega7 tion of a violation of paragraph (1) that the un8 authorized user displayed or otherwise commu9 nicated to the public a disclaimer stating that 

10 the digital depiction, digital voice replica, or 

11 personalized cloning service was unauthorized 

12 or that the individual rights owner did not par13 ticipate in the creation, development, distribu14 tion, or dissemination of the unauthorized dig15 ital depiction, digital voice replica, or personal16 ized cloning service. 

17 (E) An action to enforce this section may 

18 be brought by— 

19 (i) the individual whose voice or like20 ness is at issue; 

21 (ii) any other person or entity to 

22 which the individual has assigned or exclu23 sively licensed their voice or likeness rights; 

24 or 


SSpencer on DSK126QN23PROD with BILLS
10 

•HR 6943 IH

1 (iii) in the case of an individual who 

2 performs music as a profession, and has 

3 not authorized the use at issue, by any 

4 person or entity that has entered into a 

5 contract for the individual’s exclusive per6 sonal services as a recording artist or an 

7 exclusive license to distribute sound record8 ings that capture the individual’s audio 

9 performances. 

10 (d) FIRST AMENDMENT DEFENSE.—First Amend11 ment protections shall constitute a defense to an alleged 

12 violation of subsection (c). In evaluating any such defense, 

13 the public interest in access to the use shall be balanced 

14 against the intellectual property interest in the voice or 

15 likeness. Factors to be considered may include whether— 

16 (1) the use is commercial; 

17 (2) the individual whose voice or likeness is at 

18 issue is necessary for and relevant to the primary 

19 expressive purpose of the work in which the use ap20 pears; and 

21 (3) the use competes with or otherwise ad22 versely affects the value of the work of the owner or 

23 licensee of the voice or likeness rights at issue. 

24 (e) LIMITATION.— 


SSpencer on DSK126QN23PROD with BILLS
11 

•HR 6943 IH

1 (1) IN GENERAL.—A person or entity who uses 

2 an individual’s voice or likeness in a manner that 

3 violates subsection (c) shall not be liable if the harm 

4 caused by such conduct is negligible. 

5 (2) HARM.—For purposes of this section, the 

6 term ‘‘harm’’ includes— 

7 (A) financial or physical injury, or an ele8 vated risk of such injury, to any person whose 

9 voice or likeness rights are affected by the con10 duct at issue; 

11 (B) severe emotional distress of any person 

12 whose voice or likeness is used without consent; 

13 and 

14 (C) a likelihood that the use deceives the 

15 public, a court, or tribunal. 

16 (3) PER SE HARM.—Any digital depiction or 

17 digital voice replica which includes child sexual 

18 abuse material, is sexually explicit, or includes inti19 mate images constitutes harm. 

20 (4) BALANCE OF EQUITIES.—Except when 

21 paragraph (3) applies, alleged harms shall be 

22 weighed against— 

23 (A) whether the individual whose voice or 

24 likeness is at issue is necessary for and relevant 


SSpencer on DSK126QN23PROD with BILLS
12 

•HR 6943 IH

1 to the primary expressive purpose of the work 

2 in which the use appears; 

3 (B) whether the use is transformative; and 

4 (C) whether the use constitutes constitu5 tionally protected commentary on a matter of 

6 public concern. 

7 (f) LIMITATIONS PERIOD.—No civil action shall be 

8 maintained under the provisions of this Act unless it is 

9 commenced within four years after the party seeking to 

10 bring the claim discovered, or with due diligence should 

11 have discovered, the violation. 

12 (g) NO PREEMPTION.—Nothing in this Act shall be 

13 construed to limit any rights an individual may have under 

14 any other law providing protections against the unauthor15 ized use of an individual’s name, voice, or likeness. 

16 (h) SEVERABILITY.—If any provision of this Act, or 

17 the application thereof, is held invalid, the validity of the 

18 remainder of this Act and the application of such provision 

19 to other persons and circumstances shall not be affected 

20 thereby. 

21 (i) CONSTRUCTION.—Nothing in this Act shall alter 

22 the application by a court of First Amendment protections 

23 in the event such a defense is asserted to subsection (c). 

24 (j) APPLICATION.—This section shall be considered 

25 to be a law pertaining to intellectual property for the purVerDate Sep 11 2014 03:54 Jan 26, 2024 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6943.IH H6943

SSpencer on DSK126QN23PROD with BILLS
13 

•HR 6943 IH

1 poses of section 230(e)(2) of the Communications Act of 

2 1934 (47 U.S.C. 230(e)(2)). 

3 (k) EFFECTIVE DATE.—This Act shall be effective 

4 180 days after the enactment of this Act, and shall apply 

5 regardless of whether the individual has died before such 

6 effective date. 

Æ 


SSpencer on DSK126QN23PROD with BILLS