I 
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 re-
ferred 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 Representa-
tives 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 
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created by a cryptographic hash function (or similar 
function), or any other digital process, tool, or tech-
nique 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 mate-
rial will not be misidentified as a match for a dif-
ferent piece of material. 
(2) DIGITAL REPLICA.—The term ‘‘digital rep-
lica’’— 
(A) means a newly created, computer-gen-
erated, 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 per-
form or appear, in which the funda-
mental character of the performance 
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or appearance has been materially al-
tered; and 
(B) does not include the electronic repro-
duction, use of a sample of one sound recording 
or audiovisual work into another, remixing, 
mastering, or digital remastering of a sound re-
cording 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 in-
formation service, system, or access software pro-
vider that provides or enables computer access by 
multiple users to a computer server, including spe-
cifically— 
(A) a service or system that provides ac-
cess to the internet; and 
(B) such systems operated, or services of-
fered, by libraries or educational institutions. 
(5) ONLINE SERVICE.—The term ‘‘online serv-
ice’’— 
(A) means— 
(i) any website, online application, 
mobile application, or virtual reality envi-
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ronment that predominantly provides pub-
lic 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 ap-
plication, virtual reality environment, ap-
plication store, search engine (including 
any feature that provides web search re-
sults), advertising service or network, on-
line shopping service or platform, elec-
tronic 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 
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(B) does not include any website, online 
application, mobile application, virtual reality 
environment, application store, search engine, 
or cloud storage service that predominantly pro-
vides 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 de-
scribed in subsection (c)(2)(B). 
(6) RIGHT HOLDER.—The term ‘‘right holder’’ 
means— 
(A) the individual, the voice or visual like-
ness of whom is at issue with respect to a dig-
ital 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 oth-
erwise, the right to authorize the use of the 
voice or visual likeness described in subpara-
graph (A). 
(7) SOUND
RECORDING
ARTIST.—The term 
‘‘sound recording artist’’ means an individual who 
creates or performs in sound recordings for eco-
nomic gain or for the livelihood of the individual. 
(8) USER UPLOADED MATERIAL.— 
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(A) 
IN
GENERAL.—The 
term 
‘‘user 
uploaded material’’ means material, such as a 
video, image, game, audio file, or other mate-
rial, 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 pur-
poses 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 pro-
vider; 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 provi-
sions 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). 
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(2) NATURE OF RIGHT.— 
(A) IN GENERAL.—The right described in 
paragraph (1) shall have the following charac-
teristics: 
(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 ex-
ploited by the individual during the life-
time of the individual. 
(iii) Upon the death of the indi-
vidual— 
(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— 
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(aa) transferred, in whole or 
in part, by any means of convey-
ance or by operation of law; and 
(bb) bequeathed by will or 
pass as personal property by the 
applicable laws of intestate suc-
cession. 
(iv) The right shall be exclusive to— 
(I) the individual, subject to the 
licensing of the right during the life-
time of that individual under subpara-
graph (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 dem-
onstrates 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 ad-
ditional 5-year period, subject to 
renewal for additional 5-year pe-
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riods, provided the right holder 
can demonstrate authorized pub-
lic use of the voice or visual like-
ness of the individual during the 
2-year period preceding the expi-
ration 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 re-
newal; 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 li-
cense duration does not exceed 10 
years; and 
(II) shall be valid only if the li-
cense agreement— 
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(aa) is in writing and signed 
by the individual or an author-
ized representative of the indi-
vidual; and 
(bb) includes a reasonably 
specific description of the in-
tended uses of the applicable dig-
ital 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 li-
cense agreement— 
(aa) is in writing and signed 
by the individual or an author-
ized representative of the indi-
vidual; 
(bb) includes a reasonably 
specific description of the in-
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tended uses of the digital replica; 
and 
(cc) is approved by a court 
in accordance with applicable 
State law. 
(iii) COLLECTIVE BARGAINING AGREE-
MENTS.—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 dig-
ital replicas. 
(iv) LIMITATION.—The provisions of 
clauses (i) and (ii) shall not affect terms 
and conditions of a license or related con-
tract 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. 
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(D) REGISTRATION FOR POST-MORTEM RE-
NEWAL.— 
(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 de-
scribed in that subparagraph, the right 
holder files a notice with the Register of 
Copyrights that complies with such re-
quirements regarding form and filing pro-
cedures as the Register of Copyrights may 
prescribe by regulation, which shall in-
clude— 
(I) the name of the deceased in-
dividual; 
(II) a statement, under penalty 
of perjury, that the right holder has 
engaged in active and authorized pub-
lic 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 pre-
scribe by regulation. 
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(ii) DIRECTORY.—The Register of 
Copyrights— 
(I) shall— 
(aa) maintain a current di-
rectory of post-mortem digital 
replication 
rights 
registered 
under this subparagraph; and 
(bb) make the directory de-
scribed in item (aa) available to 
the public for inspection online; 
and 
(II) may require payment of a 
reasonable filing fee by the right hold-
er 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
REGISTRA-
TION.— 
(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 com-
plies with such requirements regard-
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ing form, content, and filing proce-
dures as the Register of Copyrights 
may prescribe by regulation. 
(II) AUTHORITY OF REGISTER OF 
COPYRIGHTS.—The Register of Copy-
rights may— 
(aa) include a voluntary reg-
istration 
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 main-
taining 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. 
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(E) POST-EXPIRATION
OR
TERMINATION 
UTILIZATION OF AUTHORIZED USES.—A digital 
replica that is embodied in a sound recording, 
image, audiovisual work, including an audio-
visual work that does not have any accom-
panying 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 sub-
section (e). 
(2) ACTIVITIES
DESCRIBED.—An activity de-
scribed in this paragraph is either of the following: 
(A) The public display, distribution, trans-
mission, or communication of, or the act of oth-
erwise making available to the public, a digital 
replica without authorization by the applicable 
right holder. 
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(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 sig-
nificant 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 other-
wise promoted by the individual or entity 
described in paragraph (1), or another in-
dividual or entity acting in concert with 
the individual or entity described in para-
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graph (1) with the knowledge of the indi-
vidual described in paragraph (1), as a 
product or service designed to produce a 
digital replica of a specifically identified in-
dividual or individuals without the author-
ization 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 on-
line service, the provider must have received a 
notification that satisfies the requirements 
under subsection (d)(3), or a court order stat-
ing (or must have willfully avoided receipt of 
such a notification or court order), that the ap-
plicable material is— 
(i) a digital replica that was not au-
thorized by the applicable right holder; or 
(ii) a product or service described in 
paragraph (2)(B); and 
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(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 knowl-
edge, or must willfully avoid having such knowl-
edge, that the applicable material is— 
(i) a digital replica that was not au-
thorized by the applicable right holder; or 
(ii) a product or service described in 
paragraph (2)(B). 
(4) EXCLUSIONS.—Liability under this sub-
section 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 com-
munications service of a provider of online serv-
ices or network access, or the operator of facili-
ties 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 of-
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fending material, or disable the reference 
or link to that material, at the specific lo-
cation identified in the applicable notifica-
tion 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 para-
graph (2) if— 
(i) the applicable digital replica is pro-
duced or used in a bona fide news, public 
affairs, or sports broadcast or account, 
provided that the digital replica is the sub-
ject 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, includ-
ing some degree of fictionalization, un-
less— 
(I) the production or use of that 
digital replica creates the false im-
pression that the work is an authentic 
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sound recording, image, transmission, 
or audiovisual work in which the indi-
vidual participated; or 
(II) the digital replica is em-
bodied 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 Con-
stitution of the United States; 
(iii) the applicable digital replica is 
produced or used consistent with the public 
interest in bona fide commentary, criti-
cism, 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 ap-
plicable digital replica is relevant to the 
subject of the work so advertised or an-
nounced. 
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(B) APPLICABILITY.—Subparagraph (A) 
shall not apply where the applicable digital rep-
lica 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 un-
less the product or service is a product or serv-
ice 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 re-
spect to, user uploaded material if— 
(i) for the provider of an online serv-
ice 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 
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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 re-
peat violators of subsection (c)(2), provided 
that the failure to terminate a particular 
account holder in accordance with that pol-
icy shall subject the provider of the online 
service to potential liability only with re-
spect 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 un-
authorized digital replica or the prod-
uct 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 tech-
nically and practically feasible for that 
provider; 
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(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 ac-
cess to all other publicly available in-
stances of the work embodying the 
claimed unauthorized digital replica 
that— 
(aa) match the digital fin-
gerprint of an unauthorized dig-
ital replica specifically identified 
in a notification sent under para-
graph (3); and 
(bb) 
are 
uploaded 
after 
valid, applicable notice was sub-
mitted to, and processed by, the 
provider; and 
(III) takes reasonable steps to 
promptly notify the right holder, and 
the end user that uploaded the mate-
rial, that the online service removed 
or disabled access to the material. 
(2) DESIGNATED AGENT.— 
(A) DESIGNATION.— 
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(i) IN GENERAL.—A provider of an 
online service described in clause (i) or (ii) 
of subsection (a)(5)(A) shall register a des-
ignated agent in accordance with this para-
graph. 
(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 informa-
tion: 
(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 Copy-
rights— 
(i) shall— 
(I) maintain a current directory 
of designated agents for the purposes 
of this paragraph; and 
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(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 de-
scribed in clause (i)(I). 
(C) 
EFFECT
OF
FAILURE
TO
DES-
IGNATE.—The failure of a provider of an online 
service described in subparagraph (A)(i) to reg-
ister a designated agent under this paragraph 
shall establish that the provider has not under-
taken a good faith effort to comply with this 
subsection. 
(3) ELEMENTS OF NOTIFICATION.—To be effec-
tive 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 author-
ized to act on behalf of the right holder, or an 
eligible plaintiff under subsection (e)(1). 
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(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 con-
taining 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 mate-
rial. 
(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 prod-
uct 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— 
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(i) identify the reference or link to the 
material or activity claimed to be an unau-
thorized 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 NO-
TICE.— 
(A) KNOWING
MATERIAL
REPRESENTA-
TIONS.— 
(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 sub-
section (c)(2)(B) is not authorized by 
the right holder or by other law. 
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(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 sub-
paragraph. 
(B) PENALTIES.—In addition to a cause of 
action that is available under subsection (e), 
any individual or entity that violates subpara-
graph (A) of this paragraph shall be liable to 
the alleged violator that uploaded the applicable 
material, or the provider of an online service in-
jured by the misrepresentation, for an amount 
equal to the greater of— 
(i) $25,000 per notification sent 
under paragraph (3) that contains a mis-
representation 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 
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removing or disabling access to the mate-
rial or activity claimed to be an unauthor-
ized digital replica. 
(e) CIVIL ACTION.— 
(1) ELIGIBLE
PLAINTIFFS.—A civil action 
against an individual or entity that, in a manner af-
fecting interstate commerce (or using any means or 
facility of interstate commerce), engages in an activ-
ity described in subsection (c)(2) may be brought 
by— 
(A) the applicable right holder; 
(B) if the applicable right holder is an in-
dividual 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 enti-
ty that has, directly or indirectly, entered 
into— 
(i) a contract for the exclusive per-
sonal 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 record-
ing artist. 
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(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 ac-
tion 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 sub-
section that the defendant displayed or otherwise 
communicated to the public a disclaimer stating that 
the applicable digital replica, or the applicable prod-
uct 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 en-
gages 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 indi-
vidual, $5,000 per work embodying 
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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 em-
bodying the applicable unauthorized 
digital replica; 
(cc) in the case of a provider of 
an online service that has not under-
taken a good faith effort to comply 
with subsection (d), $5,000 per dis-
play, copy made, transmission, and in-
stance of the unauthorized digital rep-
lica being made available on the online 
service in a sum of not more than 
$750,000 per work embodying the ap-
plicable 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 ap-
plicable unauthorized digital replica; 
or 
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(II) any actual damages suffered 
by the injured party as a result of the 
activity, plus any profits from the un-
authorized use that are attributable to 
such use and are not taken into ac-
count in computing the actual dam-
ages; 
(ii) an individual or entity that en-
gages 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 indi-
vidual, $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 under-
taken a good faith effort to comply 
with subsection (d), $750,000 per 
product or service; or 
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(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 un-
authorized use that are attributable to 
such use and are not taken into ac-
count in computing the actual dam-
ages; 
(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 knowl-
edge that the conduct violated the law, the 
court may award to the injured party puni-
tive damages; and 
(v) if the prevailing party is— 
(I) the party bringing the action, 
the court shall award reasonable at-
torney’s fees; or 
(II) the party defending the ac-
tion, the court shall award reasonable 
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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 des-
ignated an agent under subsection (d)(2) and 
has an objectively reasonable belief that mate-
rial that is claimed to be an unauthorized dig-
ital 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 rep-
lica. 
(C) REPLACEMENT
OF
REMOVED
MATE-
RIAL.—If the end user that uploaded the mate-
rial 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) claim-
ing 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 
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