I 
118TH CONGRESS 
2D SESSION 
H. R. 9551 
To protect intellectual property rights in the voice and visual likeness of 
individuals, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 12, 2024 
Ms. SALAZAR (for herself, Ms. DEAN of Pennsylvania, Mr. MORAN, Mr. 
MORELLE, Mr. WITTMAN, and Mr. SCHIFF) introduced the following bill; 
which was referred 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 2024’’ 
or the ‘‘NO FAKES Act of 2024’’. 
SEC. 2. VOICE AND VISUAL LIKENESS RIGHTS. 
(a) DEFINITIONS.—In this section: 
(1) DIGITAL REPLICA.—The term ‘‘digital rep-
lica’’ means a newly created, computer-generated, 
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highly realistic electronic representation that is read-
ily identifiable as the voice or visual likeness of an 
individual that— 
(A) is embodied in a sound recording, 
image, audiovisual work, including an audio-
visual work that does not have any accom-
panying sounds, or transmission— 
(i) in which the actual individual did 
not actually perform or appear; or 
(ii) that is a version of a sound re-
cording, image, or audiovisual work in 
which the actual individual did perform or 
appear, in which the fundamental char-
acter of the performance or appearance 
has been materially altered; 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. 
(2) INDIVIDUAL.—The term ‘‘individual’’ means 
a human being, living or dead. 
(3) ONLINE SERVICE.—The term ‘‘online serv-
ice’’ means— 
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(A)(i) any public-facing website, online ap-
plication, mobile application, or virtual reality 
environment that predominantly provides a 
community forum for user generated content, 
such as sharing videos, images, games, audio 
files, or other material; or 
(ii) a digital music provider, as defined in 
section 115(e) of title 17, United States Code; 
and 
(B) may include a social media service, so-
cial network, or application store; provided, 
however, that the term does not include a serv-
ice by wire or radio that provides the capability 
to transmit data to and receive data from all, 
or substantially all, internet endpoints, includ-
ing any capabilities that are incidental to enable 
the operation of the communications service of 
a provider of online services or network access, 
or the operator of facilities for such service. 
(4) PRODUCTION.—The term ‘‘production’’ 
means the creation of a digital replica. 
(5) RIGHT HOLDER.—The term ‘‘right holder’’ 
means the individual whose voice or visual likeness 
is at issue with respect to a digital replica and any 
other person that has acquired, through a license, 
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inheritance, or otherwise, the right to authorize the 
use of such voice or visual likeness in a digital rep-
lica. 
(6) 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. 
(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 in a digital rep-
lica. 
(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. 
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(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 indi-
vidual’s lifetime. 
(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— 
(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 
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(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-
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 
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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— 
(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— 
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(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; 
(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; and 
(bb) includes a reasonably 
specific description of the in-
tended uses of the digital replica; 
and 
(III) the license 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 if the license is gov-
erned by a collective bargaining agreement 
that addresses digital replicas. 
(iv) LIMITATION.—The provisions of 
clauses (i) and (ii) shall not affect terms 
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and conditions of a license or related con-
tract other than those described in this 
subparagraph, and the expiration of such 
license does 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. 
(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 speci-
fied in that subparagraph, the right holder 
files a notice with the Register of Copy-
rights that complies with such require-
ments regarding form and filing proce-
dures as the Register of Copyrights may 
prescribe by regulation and that con-
tains— 
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(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. 
(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 registrant, 
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which may take into consideration the 
costs of maintaining the directory de-
scribed in subclause (I). 
(iii) VOLUNTARY
INITIAL
REGISTRA-
TION.— 
(I) 
IN
GENERAL.—The 
right 
holder may voluntarily register the 
post-mortem right under subpara-
graph (A)(iv)(II)(aa) by filing a notice 
with the Register of Copyrights that 
complies with such requirements re-
garding form, content, and filing pro-
cedures 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 
required by clause (ii)(I)(aa); and 
(bb) require payment of a 
reasonable filing fee by the reg-
istrant, which may take into con-
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sideration the costs of maintain-
ing 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. 
(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 person that, in a man-
ner 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 subsection (e). 
(2) ACTIVITIES
DESCRIBED.—An activity de-
scribed in this paragraph is either of the following: 
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(A) The production of a digital replica 
without consent of the applicable right holder. 
(B) The publication, reproduction, display, 
distribution, transmission of, or otherwise mak-
ing available to the public, a digital replica 
without consent of the applicable right holder. 
(3) KNOWLEDGE REQUIRED.—To incur liability 
under this subsection, a person engaging in an activ-
ity shall have actual knowledge, which could be ob-
tained through a notification that satisfies sub-
section (d)(3), or shall willfully avoid having such 
knowledge, that— 
(A) the applicable material is a digital rep-
lica; and 
(B) the digital replica was not authorized 
by the applicable right holder. 
(4) EXCLUSIONS.— 
(A) IN GENERAL.—It shall not be a viola-
tion of paragraph (1) 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 such broadcast or account; 
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(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 
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; 
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(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. 
(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 person 
shall be secondarily liable for a violation of this 
section for manufacturing, importing, offering 
to the public, providing, or otherwise distrib-
uting a product or service unless the product or 
service— 
(i) is primarily designed to produce 1 
or more unauthorized digital replicas; 
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(ii) has only limited commercially sig-
nificant purpose or use other than to 
produce an unauthorized digital replica; or 
(iii) is marketed, advertised, or other-
wise promoted by that person or another 
acting in concert with that person with 
that person’s knowledge for use in pro-
ducing an unauthorized digital replica. 
(B) REFERRAL
OR
LINKING.—An online 
service shall not be liable for violating the right 
described in subsection (b) by referring or link-
ing a user to an unauthorized digital replica, or 
by carrying out an activity described in sub-
section (c)(2), if, upon receiving a notification 
described in paragraph (3), the online service 
removes or disables access to the material that 
is claimed to be an unauthorized digital replica 
as soon as is technically and practically feasible 
for that online service. 
(C) ONLINE
SERVICES
HOSTING
USER- 
UPLOADED MATERIAL.—An online service shall 
not be liable for violating the right described in 
subsection (b) by storing third-party provided 
material that resides on a system or network 
controlled or operated by or for the online serv-
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ice, if, upon receiving a notification that satis-
fies paragraph (3), the online service— 
(i) removes, or disables access to, all 
instances of the material (or an activity 
using the material) that is claimed to be 
an unauthorized digital replica as soon as 
is technically and practically feasible for 
that online service; and 
(ii) having done so, takes reasonable 
steps to promptly notify the third party 
that provided the material that the online 
service has removed or disabled access to 
the material. 
(2) DESIGNATED AGENT.— 
(A) IN GENERAL.—The limitations on li-
ability established under this subsection shall 
apply to an online service only if the online 
service has designated an agent to receive noti-
fications under paragraph (3), by making avail-
able through the online service, including on the 
website of the online service in a location acces-
sible to the public, and by providing to the 
Copyright Office, substantially the following in-
formation: 
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(i) The name, address, telephone 
number, and electronic mail address of the 
agent. 
(ii) Other contact information that the 
Register of Copyrights may determine ap-
propriate. 
(B) DIRECTORY.—The Register of Copy-
rights— 
(i) shall— 
(I) maintain a current directory 
of designated agents for the purposes 
of this paragraph; and 
(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 
online services to cover the costs of main-
taining the directory described in clause 
(i)(I). 
(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 
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designated agent of an online service that includes 
the following: 
(A) A physical or electronic signature of 
the right holder, a person authorized to act on 
behalf of the right holder, or an eligible plaintiff 
under subsection (e)(1). 
(B) Identification of the individual, the 
voice or visual likeness of whom is being used 
in an unauthorized digital replica. 
(C) Identification of the material con-
taining an unauthorized digital replica, includ-
ing information sufficient to allow the online 
service to locate the allegedly unauthorized dig-
ital replica. 
(D) Information reasonably sufficient to 
permit the online service to contact the noti-
fying party, such as an address, telephone num-
ber, and electronic mail address. 
(E) A statement that the notifying party 
believes in good faith that the material is an 
unauthorized use of a digital replica. 
(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. 
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(G) For the purposes of paragraph (1)(B), 
information reasonably sufficient to— 
(i) identify the reference or link to the 
material or activity claimed to be an unau-
thorized digital replica that is to be re-
moved or to which access is to be disabled; 
and 
(ii) permit the online service to locate 
the reference or link described in clause 
(i). 
(4) PENALTIES FOR FALSE OR DECEPTIVE NO-
TICE.— 
(A) IN GENERAL.—It shall be unlawful to 
knowingly materially misrepresent under para-
graph (3)— 
(i) that the material requested to be 
removed is an unauthorized digital replica; 
(ii) that a person has the authority to 
act on behalf of the right holder; or 
(iii) that a digital replica is not au-
thorized by the right holder or by other 
law. 
(B) PENALTIES.—Any person that violates 
subparagraph (A) shall be liable for an amount 
equal to the greater of— 
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(i) $5,000; or 
(ii) any actual damages, including 
costs and attorney’s fees, incurred by the 
alleged violator, as well as by any online 
service injured by the reliance of the online 
service on the misrepresentation in remov-
ing or disabling access to the material or 
activity claimed to be an unauthorized dig-
ital replica. 
(e) CIVIL ACTION.— 
(1) ELIGIBLE PLAINTIFFS.—A civil action for a 
violation of this section may be brought by— 
(A) a right holder; 
(B) if the individual is younger than 18 
years of age, a parent or guardian of the indi-
vidual; 
(C) any other person that controls, includ-
ing by virtue of a license, the right to authorize 
the use of the voice or visual likeness of the 
right holder described in subparagraph (A); 
(D) any other person that owns or controls 
the right to authorize the use of the voice or 
visual likeness of a deceased individual de-
scribed in subparagraph (A); or 
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(E) in the case of a digital replica involv-
ing a sound recording artist, any person 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. 
(2) LIMITATIONS PERIOD.—A civil action may 
not be brought under this subsection unless the ac-
tion 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 was unauthorized or 
disclosing that the digital replica was generated 
through the use of artificial intelligence or other 
technology. 
(4) REMEDIES.— 
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(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) 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 
the applicable unauthorized digital 
replica; 
(bb) in the case of an entity that 
is an online service, $5,000 per viola-
tion; and 
(cc) in the case of an entity that 
is not an online service, $25,000 per 
work embodying the applicable unau-
thorized digital replica; 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; 
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(ii) the plaintiff may seek injunctive 
or other equitable relief; 
(iii) 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 
(iv) 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 
attorney’s fees if the court determines 
that the action was not brought in 
good faith. 
(B) VIOLATION
DEFINED.—For purposes 
of this paragraph, ‘‘violation’’ means each dis-
play, copy made, transmission, and each in-
stance of the unauthorized digital replica being 
otherwise made available on the online service, 
unless the online service has taken reasonable 
steps to remove, or disable access to, the unau-
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thorized digital replica as soon as is technically 
and practically feasible for the online service 
upon acquiring knowledge as set forth in sub-
section (c)(3). 
(C) OBJECTIVELY REASONABLE BELIEF.— 
An online service that has an objectively reason-
able belief that material that is claimed to be 
an unauthorized digital replica does not qualify 
as a digital replica under subsection (a)(1) shall 
not be liable for statutory or actual damages 
exceeding $1,000,000, regardless of whether the 
material is ultimately determined to be an un-
authorized digital replica. 
(D) REPLACEMENT
OF
REMOVED
MATE-
RIAL.—In the event that the third party that 
provided the material that the online service 
has removed or to which the online service has 
disabled access files a lawsuit in a court of the 
United States against the sender of a notice 
under subsection (d)(3) claiming that such no-
tice was false or deceptive as provided in sub-
section (d)(4), the online service may, provided 
that the lawsuit was filed not later than 14 
days after the user receives notice that the on-
line service has removed or disabled access to 
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the material, restore the removed material to its 
network for access by members of the public 
without monetary liability therefor to either the 
notice sender or the third party that provided 
the material that the online service had re-
moved or disabled access. 
(f) PREEMPTION.— 
(1) IN GENERAL.—The rights established under 
this Act shall preempt any cause of action under 
State law for the protection of an individual’s voice 
and visual likeness rights in connection with a dig-
ital replica, as defined in this Act, in an expressive 
work. 
(2) 
RULE
OF
CONSTRUCTION.—Notwith-
standing paragraph (1), nothing in this Act may be 
construed to preempt— 
(A) causes of action under State statutes 
or common law in existence as of January 2, 
2025, regarding a digital replica, as defined in 
this Act; 
(B) causes of action under State statutes 
specifically regulating a digital replica depicting 
sexually explicit conduct, as defined in section 
2256(2)(A) of title 18, United States Code, or 
an election-related digital replica; or 
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(C) causes of action under State statutes 
or common law for the manufacturing, import-
ing, offering to the public, providing, making 
available, or otherwise distributing a product or 
service capable of producing 1 or more digital 
replicas. 
(g) RULE OF CONSTRUCTION.—This section shall be 
considered to be a law pertaining to intellectual property 
for the purposes of section 230(e)(2) of the Communica-
tions Act of 1934 (47 U.S.C. 230(e)(2)). 
(h) SEVERABILITY.—If any provision of this section, 
or the application of a provision of this section, is held 
to be invalid, the validity of the remainder of this section, 
and the application of that provision to other persons and 
circumstances, shall not be affected by that holding. 
(i) RETROACTIVE EFFECT.— 
(1) LIABILITIES.—Liability under this section 
shall apply only to— 
(A) conduct occurring after the date of en-
actment of this Act; and 
(B) in the case of conduct covered by a li-
cense or contract, a license or contract that is 
executed after the date of enactment of this 
Act. 
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(2) DIGITAL REPLICATION RIGHT.—The right 
granted under subsection (b)— 
(A) shall apply to any individual, regard-
less of whether the individual dies before or 
after the date of enactment of this Act; and 
(B) in the case of a right holder who has 
died before the date of enactment of this Act, 
shall vest in the executors, heirs, assigns, or 
devisees of the right holder. 
(j) EFFECTIVE DATE.—This Act shall take effect on 
the date that is 180 days after the date of enactment of 
this Act. 
Æ 
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