119-hr2794

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2794 Introduced in House

    (IH) ]

<DOC>

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 
 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 Representatives 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 created by a 
 cryptographic hash function (or similar function), or any other 
 digital process, tool, or technique 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 
 material will not be misidentified as a match for a different 
 piece of material.

    (2) Digital replica.--The term ``digital replica''--
        (A) means a newly created, computer-generated, 
 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 
 perform or appear, in which the 
 fundamental character of the 
 performance or appearance has been 
 materially altered; and
        (B) does not include the electronic reproduction, 
 use of a sample of one sound recording or audiovisual 
 work into another, remixing, mastering, or digital 
 remastering of a sound recording 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 information service, system, or 
 access software provider that provides or enables computer 
 access by multiple users to a computer server, including 
 specifically--
        (A) a service or system that provides access to the 
 internet; and
        (B) such systems operated, or services offered, by 
 libraries or educational institutions.

    (5) Online service.--The term ``online service''--
        (A) means--
            (i) any website, online application, mobile 
 application, or virtual reality environment 
 that predominantly provides public 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 
 application, virtual reality environment, 
 application store, search engine (including any 
 feature that provides web search results), 
 advertising service or network, online shopping 
 service or platform, electronic 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
        (B) does not include any website, online 
 application, mobile application, virtual reality 
 environment, application store, search engine, or cloud 
 storage service that predominantly provides 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 described in subsection
            (c) (2)
        (B) .

    (6) Right holder.--The term ``right holder'' means--
        (A) the individual, the voice or visual likeness of 
 whom is at issue with respect to a digital 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 otherwise, 
 the right to authorize the use of the voice or visual 
 likeness described in subparagraph
        (A) .

    (7) Sound recording artist.--The term ``sound recording 
 artist'' means an individual who creates or performs in sound 
 recordings for economic gain or for the livelihood of the 
 individual.

    (8) User uploaded material.--
        (A) In general.--The term ``user uploaded 
 material'' means material, such as a video, image, 
 game, audio file, or other material, 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 purposes 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 provider; 
 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 provisions 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) .

    (2) Nature of right.--
        (A) In general.--The right described in paragraph

    (1) shall have the following characteristics:
            (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 exploited by 
 the individual during the lifetime of the 
 individual.
            (iii) Upon the death of the individual--
            (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 
 conveyance or by operation of 
 law; and

    (bb) bequeathed by will or 
 pass as personal property by 
 the applicable laws of 
 intestate succession.
            (iv) The right shall be exclusive to--
            (I) the individual, subject to the 
 licensing of the right during the 
 lifetime of that individual under 
 subparagraph
        (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 
 demonstrates 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 additional 
 5-year period, subject to 
 renewal for additional 5-year 
 periods, provided the right 
 holder can demonstrate 
 authorized public use of the 
 voice or visual likeness of the 
 individual during the 2-year 
 period preceding the expiration 
 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 
 renewal; 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 
 license duration does not exceed 10 
 years; and
            (II) shall be valid only if the 
 license agreement--

    (aa) is in writing and 
 signed by the individual or an 
 authorized representative of 
 the individual; and

    (bb) includes a reasonably 
 specific description of the 
 intended uses of the applicable 
 digital 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 
 license agreement--

    (aa) is in writing and 
 signed by the individual or an 
 authorized representative of 
 the individual;

    (bb) includes a reasonably 
 specific description of the 
 intended uses of the digital 
 replica; and
            (cc) is approved by a court 
 in accordance with applicable 
 State law.
            (iii) Collective bargaining agreements.--
 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 digital replicas.
            (iv) Limitation.--The provisions of clauses
            (i) and
            (ii) shall not affect terms and 
 conditions of a license or related contract 
 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.
            (D) Registration for post-mortem renewal.--
            (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 described in that 
 subparagraph, the right holder files a notice 
 with the Register of Copyrights that complies 
 with such requirements regarding form and 
 filing procedures as the Register of Copyrights 
 may prescribe by regulation, which shall 
 include--
            (I) the name of the deceased 
 individual;
            (II) a statement, under penalty of 
 perjury, that the right holder has 
 engaged in active and authorized public 
 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 prescribe by 
 regulation.
            (ii) Directory.--The Register of 
 Copyrights--
            (I) shall--

    (aa) maintain a current 
 directory of post-mortem 
 digital replication rights 
 registered under this 
 subparagraph; and

    (bb) make the directory 
 described in item

    (aa) available to the public for 
 inspection online; and
            (II) may require payment of a 
 reasonable filing fee by the right 
 holder 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 registration.--
            (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 
 complies with such requirements 
 regarding form, content, and filing 
 procedures as the Register of 
 Copyrights may prescribe by regulation.
            (II) Authority of register of 
 copyrights.--The Register of Copyrights 
 may--

    (aa) include a voluntary 
 registration 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 maintaining 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 audiovisual work that does not have any accompanying 
 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 
 subsection

    (e) .

    (2) Activities described.--An activity described in this 
 paragraph is either of the following:
        (A) The public display, distribution, transmission, 
 or communication of, or the act of otherwise making 
 available to the public, a digital replica without 
 authorization by the applicable right holder.
        (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 
 significant 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 otherwise 
 promoted by the individual or entity described 
 in paragraph

    (1) , or another individual or 
 entity acting in concert with the individual or 
 entity described in paragraph

    (1) with the 
 knowledge of the individual described in 
 paragraph

    (1) , as a product or service designed 
 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.

    (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 online service, the 
 provider must have received a notification that 
 satisfies the requirements under subsection
            (d) (3) , or 
 a court order stating (or must have willfully avoided 
 receipt of such a notification or court order), that 
 the applicable material is--
            (i) a digital replica that was not 
 authorized by the applicable right holder; or
            (ii) a product or service described in 
 paragraph

    (2)
        (B) ; and
        (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 knowledge, or must willfully avoid 
 having such knowledge, that the applicable material 
 is--
            (i) a digital replica that was not 
 authorized by the applicable right holder; or
            (ii) a product or service described in 
 paragraph

    (2)
        (B) .

    (4) Exclusions.--Liability under this subsection 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 communications service of a 
 provider of online services or network access, or the 
 operator of facilities 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 
 offending material, or disable the reference or 
 link to that material, at the specific location 
 identified in the applicable notification 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 paragraph

    (2) if--
            (i) the applicable digital replica is 
 produced or used in a bona fide news, public 
 affairs, or sports broadcast or account, 
 provided that the digital replica is the 
 subject 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, including 
 some degree of fictionalization, unless--
            (I) the production or use of that 
 digital replica creates the false 
 impression that the work is an 
 authentic sound recording, image, 
 transmission, or audiovisual work in 
 which the individual participated; or
            (II) the digital replica is 
 embodied 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 Constitution 
 of the United States;
            (iii) the applicable digital replica is 
 produced or used consistent with the public 
 interest in bona fide commentary, criticism, 
 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 applicable digital replica 
 is relevant to the subject of the work so 
 advertised or announced.
        (B) Applicability.--Subparagraph
        (A) shall not 
 apply where the applicable digital replica 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 
 unless the product or service is a product or service 
 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 respect to, user 
 uploaded material if--
            (i) for the provider of an online service 
 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 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 repeat violators of subsection
            (c) (2) , provided that the failure to terminate 
 a particular account holder in accordance with 
 that policy shall subject the provider of the 
 online service to potential liability only with 
 respect 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 
 unauthorized digital replica or the 
 product 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 technically and 
 practically feasible for that provider;
            (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 
 access to all other publicly available 
 instances of the work embodying the 
 claimed unauthorized digital replica 
 that--

    (aa) match the digital 
 fingerprint of an unauthorized 
 digital replica specifically 
 identified in a notification 
 sent under paragraph

    (3) ; and

    (bb) are uploaded after 
 valid, applicable notice was 
 submitted to, and processed by, 
 the provider; and
            (III) takes reasonable steps to 
 promptly notify the right holder, and 
 the end user that uploaded the 
 material, that the online service 
 removed or disabled access to the 
 material.

    (2) Designated agent.--
        (A) Designation.--
            (i) In general.--A provider of an online 
 service described in clause
            (i) or
            (ii) of 
 subsection

    (a)

    (5)
        (A) shall register a 
 designated agent in accordance with this 
 paragraph.
            (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 information:
            (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 Copyrights--
            (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 the 
 provider of an online service to cover the 
 costs of maintaining the directory described in 
 clause
            (i) 
            (I) .
            (C) Effect of failure to designate.--The failure of 
 a provider of an online service described in 
 subparagraph
        (A)
            (i) to register a designated agent 
 under this paragraph shall establish that the provider 
 has not undertaken a good faith effort to comply with 
 this subsection.

    (3) Elements of notification.--To be effective 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 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 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 containing 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 material.
            (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 product 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--
            (i) identify the reference or link to the 
 material or activity claimed to be an 
 unauthorized 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 notice.--
        (A) Knowing material representations.--
            (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 
 subsection
            (c) (2)
        (B) is not authorized 
 by the right holder or by other law.
            (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 subparagraph.
        (B) Penalties.--In addition to a cause of action 
 that is available under subsection

    (e) , any individual 
 or entity that violates subparagraph
        (A) of this 
 paragraph shall be liable to the alleged violator that 
 uploaded the applicable material, or the provider of an 
 online service injured by the misrepresentation, for an 
 amount equal to the greater of--
            (i) $25,000 per notification sent under 
 paragraph

    (3) that contains a misrepresentation 
 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 removing 
 or disabling access to the material or activity 
 claimed to be an unauthorized digital replica.

    (e) Civil Action.--

    (1) Eligible plaintiffs.--A civil action against an 
 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 subsection
            (c) (2) may be brought by--
        (A) the applicable right holder;
        (B) if the applicable right holder is an individual 
 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 entity that 
 has, directly or indirectly, entered into--
            (i) a contract for the exclusive personal 
 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 recording artist.

    (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 action 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 subsection that the defendant 
 displayed or otherwise communicated to the public a disclaimer 
 stating that the applicable digital replica, or the applicable 
 product 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 engages 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 
 individual, $5,000 per work embodying 
 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 
 embodying the applicable unauthorized 
 digital replica;
            (cc) in the case of a provider of 
 an online service that has not 
 undertaken a good faith effort to 
 comply with subsection
            (d) , $5,000 per 
 display, copy made, transmission, and 
 instance of the unauthorized digital 
 replica being made available on the 
 online service in a sum of not more 
 than $750,000 per work embodying the 
 applicable 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 
 applicable unauthorized digital 
 replica; or
            (II) any actual damages suffered by 
 the injured party as a result of the 
 activity, plus any profits from the 
 unauthorized use that are attributable 
 to such use and are not taken into 
 account in computing the actual 
 damages;
            (ii) an individual or entity that engages 
 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 
 individual, $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 
 undertaken a good faith effort to 
 comply with subsection
            (d) , $750,000 
 per product or service; or
            (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 
 unauthorized use that are attributable 
 to such use and are not taken into 
 account in computing the actual 
 damages;
            (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 knowledge that the 
 conduct violated the law, the court may award 
 to the injured party punitive damages; and
            (v) if the prevailing party is--
            (I) the party bringing the action, 
 the court shall award reasonable 
 attorney's fees; or
            (II) the party defending the 
 action, the court shall award 
 reasonable 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 designated an agent under 
 subsection
            (d) (2) and has an objectively reasonable 
 belief that material that is claimed to be an 
 unauthorized digital 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 replica.
            (C) Replacement of removed material.--If the end 
 user that uploaded the material 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) claiming 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 material, restore the removed 
 material to the network of the provider for access by 
 members of the public without monetary liability 
 therefor to either the notice sender or the end user 
 that uploaded the material to which the provider had 
 removed or disabled access.

    (f) Subpoena To Identify Violator.--

    (1) Request.--A right holder, an individual or entity 
 authorized to act on behalf of a right holder, or an eligible 
 plaintiff under subsection

    (e)

    (1) may request the clerk of any 
 district court of the United States to issue a subpoena to a 
 provider of an online service for identification of an alleged 
 violator of this section in accordance with this subsection.

    (2) Contents of request.--A request under paragraph

    (1) may 
 be made by filing with the clerk--
        (A) a copy of a notification described in 
 subsection
            (d) (3) ;
        (B) a proposed subpoena; and
            (C) a sworn declaration to the effect that--
            (i) the purpose of the subpoena is to 
 obtain the identity of an individual or entity 
 alleged to be liable under subsection
            (c) ; and
            (ii) the information described in clause
            (i) will only be used for the purpose of 
 protecting rights under this section.

    (3) Contents of subpoena.--A subpoena issued under this 
 subsection shall authorize and order the provider of the 
 applicable online service to expeditiously disclose to the 
 party that sought the subpoena information sufficient to 
 identify the alleged violator by virtue of the activity 
 described in the notification to the extent that information is 
 available to the provider of the online service.

    (4) Basis for granting subpoena.--If a proposed subpoena 
 under this subsection is in proper form, the applicable 
 notification filed satisfies the requirements under subsection
            (d) (3) , and the accompanying declaration is properly executed, 
 the clerk shall expeditiously issue and sign the proposed 
 subpoena and return the subpoena to the requester for delivery 
 to the provider of the applicable online service.

    (g) 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 digital replica, as defined in this Act, 
 in an expressive work.

    (2) Rule of construction.--Notwithstanding 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;
        (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
            (C) causes of action under State statutes or common 
 law in existence, as of January 2, 2025, for the 
 distributing, importing, transmitting, or otherwise 
 making available to the public a product or service 
 capable of producing 1 or more digital replicas.

    (h) Rules of Construction.--

    (1) Laws pertaining to intellectual property.--This section 
 shall be considered to be a law pertaining to intellectual 
 property for the purposes of 

section 230

    (e)

    (2) of the 
 Communications Act of 1934 (47 U.S.C. 230

    (e)

    (2) ).

    (2) No duty to monitor.--Except as expressly provided in 
 subsection
            (d) (1)
        (B)
            (ii) , nothing in this section may be 
 construed to require the provider of an online service to--
        (A) monitor the online service for, or 
 affirmatively seek facts about, any digital replica; or
        (B) gain access to material.
            (i) 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 individuals, entities, and circumstances, shall not 
be affected by that holding.

    (j) Retroactive Effect.--

    (1) Liabilities.--Liability under this section shall apply 
 only to--
        (A) conduct occurring after the date of enactment 
 of this Act; and
        (B) in the case of conduct covered by a license or 
 contract, a license or contract that is executed after 
 the date of enactment of this Act.

    (2) Digital replication right.--The right granted under 
 subsection

    (b) --
        (A) shall apply to any individual, regardless 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.

    (k) Effective Date.--This Act shall take effect on the date that is 
180 days after the date of enactment of this Act.
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