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. 
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 ‘‘No Artificial Intel-
ligence 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’ abil-
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ity to protect their voice and likeness from misappropria-
tion, 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 tech-
nology was used to create a false endorsement fea-
turing Tom Hanks’ face in an advertisement for a 
dental plan. 
(3) From October 16 to 20, 2023, AI tech-
nology was used to create false, nonconsensual inti-
mate images of high school girls in Westfield, New 
Jersey. 
(4) In fall 2023, AI technology was used to cre-
ate the song titled ‘‘Demo #5: nostalgia,’’ manipu-
lating 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 re-
ported more than 100,000 computer-generated fake 
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nude images of women created without their consent 
or knowledge. 
(6) According to Pew Research Center, approxi-
mately 63 percent of American say made-up or al-
tered 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 rep-
lica, 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 tech-
nology, 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 
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replications, imitations, or approximations of an in-
dividual that the individual did not actually perform. 
(5) The term ‘‘voice’’ means sounds in any me-
dium containing the actual voice or a simulation of 
the voice of an individual, whether recorded or gen-
erated 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, regard-
less of the means of creation, that is readily identifi-
able 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.— 
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(1) IN GENERAL.—Every individual has a prop-
erty right in their own likeness and voice. 
(2) EXTENT.—The rights provided for in para-
graph (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 in-
dividual, whether or not such rights were commer-
cially exploited by the individual during the individ-
ual’s lifetime. 
(3) TRANSFERABILITY.—The rights provided 
for in paragraph (1) shall be exclusive to the indi-
vidual, subject to the transfer of such rights as pro-
vided in paragraph (2), during such individual’s life-
time and to the executors, heirs, transferees, or devi-
sees 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 indi-
vidual’s death; or 
(B) the death of all executors, transferees, 
heirs, or devisees. 
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(4) VALIDITY OF USE.—An agreement author-
izing 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 writ-
ing; 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 ac-
cordance with applicable State law; or 
(B) the terms of the agreement are gov-
erned by a collective bargaining agreement. 
(c) UNAUTHORIZED SIMULATION OF VOICE OR LIKE-
NESS.— 
(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 for-
eign commerce), and without consent of the indi-
vidual holding the voice or likeness rights affected 
thereby— 
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(A) distributes, transmits, or otherwise 
makes available to the public a personalized 
cloning service; 
(B) publishes, performs, distributes, trans-
mits, or otherwise makes available to the public 
a digital voice replica or digital depiction with 
knowledge that the digital voice replica or dig-
ital depiction was not authorized by the indi-
vidual holding the voice or likeness rights af-
fected thereby; or 
(C) materially contributes to, directs, or 
otherwise facilitates any of the conduct pro-
scribed in subparagraph (A) or (B) with knowl-
edge 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 dis-
tribution, transmission, or other making 
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available of a personalized cloning service, 
fifty thousand dollars ($50,000) per viola-
tion 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 in-
jured 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 sub-
division, the injured party or parties shall be re-
quired only to present proof of the gross rev-
enue attributable to the unauthorized use, and 
the person or entity who violated this section 
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shall be required to prove his or her expenses 
deductible therefrom. 
(C) Punitive damages and reasonable at-
torneys’ fees may also be awarded to the in-
jured party or parties. 
(D) It shall not be a defense to an allega-
tion of a violation of paragraph (1) that the un-
authorized user displayed or otherwise commu-
nicated 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 par-
ticipate in the creation, development, distribu-
tion, or dissemination of the unauthorized dig-
ital depiction, digital voice replica, or personal-
ized cloning service. 
(E) An action to enforce this section may 
be brought by— 
(i) the individual whose voice or like-
ness is at issue; 
(ii) any other person or entity to 
which the individual has assigned or exclu-
sively licensed their voice or likeness rights; 
or 
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(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 per-
sonal services as a recording artist or an 
exclusive license to distribute sound record-
ings that capture the individual’s audio 
performances. 
(d) FIRST AMENDMENT DEFENSE.—First Amend-
ment 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 ap-
pears; and 
(3) the use competes with or otherwise ad-
versely affects the value of the work of the owner or 
licensee of the voice or likeness rights at issue. 
(e) LIMITATION.— 
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(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 ele-
vated risk of such injury, to any person whose 
voice or likeness rights are affected by the con-
duct 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 inti-
mate 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 
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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 constitu-
tionally 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 unauthor-
ized 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 pur-
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poses 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. 
Æ 
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