SEC. 2. APPLICABILITY OF FEDERAL TRADEMARK LAW IN 
THE AREA OF DIGITAL REPLICAS OF IDENTI-
FYING CHARACTERISTICS OF INDIVIDUALS. 
(a) IN GENERAL.—Section 43 of the Trademark Act 
of 1946 (15 U.S.C. 1125) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1), by striking ‘‘or de-
vice,’’ and inserting ‘‘device, or digital replica,’’; 
and 
(B) by adding at the end the following: 
‘‘(4) In a civil action brought pursuant to paragraph 
(1)(A) for the use of a digital replica by a person on or 
in connection with any goods or services, or any container 
for goods there shall be a rebuttable presumption that 
such use is likely to cause confusion, or to cause mistake, 
or to deceive as to the affiliation, connection, or associa-
tion of such person with another person, or as to the ori-
gin, sponsorship, or approval of his or her goods, services, 
or commercial activities by another person. 
‘‘(5) A person shall not be liable in a civil action 
brought pursuant to paragraph (1)(A) for the use of a 
digital replica on or in connection with any goods or serv-
ices, or any container for goods if such use is— 
‘‘(A) for bona fide news, public affairs, or 
sports broadcast or account, or any portion thereof; 
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‘‘(B) for bona fide commentary, criticism, sat-
ire, or parody, or any portion thereof; 
‘‘(C) for bona fide scholarship or educational 
purposes; 
‘‘(D) a creative work, the character and pur-
pose of which is primarily expressive or artistic in 
nature rather than commercial, or any portion there-
of; 
‘‘(E) otherwise protected by the First Amend-
ment to the Constitution of the United States; or 
‘‘(F) any combination of the above. 
‘‘(6) With the exception of relief sought under sec-
tions 32 and 43(c) of this Act, section 501 of title 17, 
and section 271 of title 35, a person may not seek relief 
under any other provision of Federal, State, local, or mu-
nicipal law for any use of a digital replica for which the 
person files a civil action asserting liability under this sec-
tion and relies upon the rebuttable presumption in para-
graph (4) in a pleading, dispositive motion, response to 
a dispositive motion, or at trial on the merits; and 
‘‘(7) This subsection shall be considered a law per-
taining to intellectual property for the purposes of section 
230(e) of the Communications Act of 1934 (47 U.S.C. 
230). 
‘‘(8) In this subsection— 
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‘‘(A) the term ‘digital replica’ means computer- 
generated representation of an identifying char-
acteristic of a subject person, who at the time of the 
use of the representation is a living individual 
human being, where— 
‘‘(i) the identifying characteristic is an 
image, voice, likeness, or other characteristic of 
the subject person, or a characteristic of the 
creative works of the subject person, that is dis-
tinctive to the subject person such that the use 
of such characteristic is likely to be associated 
with the subject person and no other person by 
reasonable and ordinary participants in the rel-
evant industry or market; 
‘‘(ii) the representation is identical with, or 
substantially indistinguishable from, the actual 
identifying characteristic of the subject person 
from the perspective of reasonable and ordinary 
participants in the relevant industry or market; 
and 
‘‘(iii) based on the representation itself, it 
is apparent to reasonable and ordinary partici-
pants in the relevant industry or market that 
the purpose of the representation, in whole or 
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in part, was to duplicate the identifying char-
acteristic of the subject person; and 
‘‘(B) the term ‘‘relevant industry or market’’ 
means the industry or market for the goods or serv-
ices that are the subject of the civil action brought 
pursuant to paragraph (1)(A).’’. 
(b) RULE OF CONSTRUCTION.—Nothing in this Act, 
or the amendments made by this Act, may be construed 
so as to limit the scope of section 43 of the Trademark 
Act of 1946 (15 U.S.C. 1125) as such section existed prior 
to the enactment of this Act. 
(c) APPLICATION.—This Act, and the amendments 
made by this Act, shall apply only to a civil action— 
(1) brought pursuant to section 43(a) of the 
Trademark Act of 1946 after the date of the enact-
ment of this Act; and 
(2) for the use of a digital replica on or in con-
nection with any goods or services, or any container 
for goods, after the date of the enactment of this 
Act. 
(d) SEVERABILITY.—If any provision of this Act, or 
the application thereof to any person or circumstance, is 
held invalid, the remainder of the Act, and the application 
of such provision to other persons or circumstances shall 
not be affected thereby. 
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(e) DEFINITION.—In this section, the term ‘‘Trade-
mark Act of 1946’’ means the Act entitled ‘‘An Act to 
provide for the registration and protection of trademarks 
used in commerce, to carry out the provisions of certain 
international conventions, and for other purposes’’, ap-
proved July 5, 1946. 
Æ 
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