Text of Senate Amendment 6089

Quick facts

Record: Senate Floor
Section type: Amendments
Chamber: Senate
Date: June 24, 2026
Congress: 119th Congress
Why this source matters: This section came from the Senate floor portion of the record.

Linked context

People mentioned: Coons, Christopher A.

Readable version of the official text

SA 6089. Mr. COONS (for himself and Mrs. Blackburn) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. . 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

(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, to the extent that the

digital music provider provides public access to a

significant amount of sound recordings that are predominantly

the fixation of sounds of a performance of a musical

composition and are 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, aggregator of visual and audiovisual

works for licensing, or website hosting service or any other

interactive computer service that is not covered under clause

(i), and is not a digital music provider to which section 115

of title 17, United States Code, applies, 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, cloud storage service, or search engine, if the

primary function of that website, online application, mobile

application, virtual reality environment, application store,

cloud storage service, or search engine 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.—The term “user uploaded

material”—

(A) means material, such as a video, image, audio file, or

other similar material, that is placed on a service directly

by, or at the direction of, a consumer end user of a service;

and

(B) does not include material that is—

(i) embodied in a video game; and

(ii) generated or customized by a consumer end user of that

video game.

(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—

(A) the use of a digital replica embodying the voice or

visual likeness of the individual; or

(B) the use of the voice or visual likeness of the

individual 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,

including through involuntary transfer, such as by means of

bankruptcy, levy, lien enforcement, court order, or other

legal process; 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, assignees, 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)(I) The right shall be exclusive to—

(aa) the individual, subject to the licensing of the right

during the lifetime of that individual under subparagraph

(B); and

(bb) 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

in interstate or foreign commerce during the 2-year period

preceding the expiration of the 10-year period described in

subitem (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 in interstate or foreign

commerce during the 2-year period preceding the expiration of

each additional 5-year period.

(II) The commercial availability of a sound recording or

audiovisual work in which the voice or visual likeness of an

individual is readily identifiable shall constitute active

and authorized public use of that voice or visual likeness

for the purposes of subclause (I)(bb)(BB).

(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)(I)(bb) terminates without renewal;

(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 applicable 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—

(AA) the applicable individual; or

(BB) in the case of a deceased individual, the right holder

or an authorized representative of the right holder; 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.

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)(I)(bb)(BB) shall be effective if, during

the applicable 2-year renewal period described in that

subparagraph, the right holder files a notice with the

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 in interstate or foreign commerce

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)(I)(bb)(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)(I)(bb)(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) Initial post-mortem registration for individuals

deceased 8 years or longer as of date of enactment.—

Notwithstanding any other provision of this paragraph—

(I) with respect to an individual who died not fewer than

10 years before the date of enactment of this Act, the

applicable right holder may, not later than 90 days after the

effective date of this section, voluntarily register the

post-mortem right under subparagraph (A)(iv)(I)(bb)(BB) by

filing with the Register of Copyrights a notice that complies

with such requirements as the Register of Copyrights may

prescribe by regulation under clause (i), if the right holder

demonstrates the required authorized public use of the voice

or visual likeness of the individual in interstate or foreign

commerce during the 2-year period preceding the date of

enactment of this Act, subject to protection during the

periods of exclusivity and termination under clauses (iv) and

(v) of subparagraph (A); and

(II) with respect to an individual who died not fewer than

8, and fewer than 10, years before the date of enactment of

this Act, the applicable right holder may file a notice under

clause (i) or subclause (I) of this clause.

(v) 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.

(1) In general.—Any individual or entity that, in a manner

affecting interstate or foreign commerce (or using any means

or facility of interstate or foreign 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, including by acting as a third party commercial

supplier of sound recordings to a digital music provider, 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 or entity 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, the following shall apply:

(A)(i) With respect to an activity carried out under

paragraph (2) by the provider of an online service described

in clause (ii), the designated agent with respect to 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, the use of which was not authorized

by the applicable right holder; or

(II) a product or service described in paragraph (2)(B).

(ii) An online service described in this clause is an

online service that is—

(I) described in subsection (a)(5)(A)(i);

(II) described in subsection (a)(5)(A)(ii), with respect to

sound recordings that are predominantly the fixation of

sounds of a performance of a musical composition and are user

uploaded material; or

(III) described in subsection (a)(5)(A)(iii), with respect

to material placed on that online service by or at the

direction of a third party.

(B) With respect to an activity carried out under paragraph

(2) by an individual or entity that is not an online service,

or an activity carried out under paragraph (2) by the

provider of an online service that is not described in

subparagraph (A)(ii), the individual or entity must have

actual knowledge, or must willfully avoid having such

knowledge, that the applicable material is—

(i) a digital replica, the use of which 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;

(B) a provider of an online service described in paragraph

(3)(A)(ii) alleged to have undertaken an activity described

in paragraph (2) if—

(i) it is not technologically or practically 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;

(i) that is eligible for the limitations on exclusive

rights under section 108 of title 17, United States Code;

(ii) the collections of which are—

(I) open to the public; or

(II) available not only to researchers affiliated with the

library or archives, or with the institution of which the

library or archives is a part, but also to other persons

doing research in a specialized field;

(iii) that has a public service mission;

(iv) the trained staff or volunteers of which provide

professional services normally associated with libraries and

archives; and

(v) the collections of which are composed of lawfully

acquired or licensed materials that are made available

consistent with the requirements of title 17, United States

Code;

(D) an accredited nonprofit educational institution with

respect to an activity undertaken without any purpose of

direct or indirect commercial advantage;

(E) an employee of an institution described in subparagraph

individual;

(F) any other person solely with respect to providing

online or network access services to an institution described

in subparagraph (C) or (D) in the course of providing those

services to that institution; or

(G) an individual or entity that is not an online service,

if, upon obtaining actual knowledge of an activity described

in paragraph (2), the individual or entity acts as soon as

technologically and practically feasible to remove or disable

access to the applicable material.

(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 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 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 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.

(6) Voluntary use of tools to remove or disable access.—

The voluntary use of any tool to remove or disable access to

content shall not alone confer actual knowledge of a

particular violation of this section.

(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 an activity that violates subsection

(c), or for referring or linking to the material embodying an

unauthorized digital replica or a product or service

described in subsection (c)(2)(B), 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)(I) upon receiving a notification that satisfies the

requirements under paragraph (3), the provider—

(aa) removes or disables access to the work embodying the

claimed unauthorized use of a 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 use of a digital replica or product or

service, as soon as is technologically and practically

feasible for that provider;

(bb) for the provider of an online service described in

subsection (a)(5)(A)(i), as soon as is technologically and

practically feasible for that provider, removes or disables

access to all other publicly available instances of the work

embodying the claimed unauthorized use of a digital replica

that—

(AA) match the digital fingerprint of an unauthorized use

of a 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;

(cc) for the provider of an online service described in

subsection (a)(5)(A)(ii), with respect to sound recordings

that are predominantly the fixation of sounds of a

performance of a musical composition and are user uploaded

material, as soon as is technologically and practically

feasible for that provider, removes or disables access to all

other publicly available instances of the work embodying the

claimed unauthorized use of a digital replica that—

(AA) match the digital fingerprint of an unauthorized use

of a 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

(dd) takes reasonable steps to promptly notify the right

holder, and the party that placed the material on the online

service, that the online service removed or disabled access

to the material; and

(II) the provider, in the case that the provider receives a

counter-notification that satisfies the requirements under

paragraph (4) and opts to replace the removed material or

cease disabling access to that material—

(aa) takes reasonable steps to promptly provide the

individual or entity that provided the applicable

notification under paragraph (3) with a copy of the counter-

notification; and

(bb) not less than 14 days after the date on which the

provider receives that counter-notification, replaces the

removed material or ceases disabling access to that material,

unless an eligible plaintiff described in subsection (e)

brings an action under that subsection, in which case the

provider shall remove the material or disable access to the

material as soon as is technologically and practically

feasible for the provider.

(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, and a

provider of an online service that is described in subsection

(a)(5)(A)(iii) and is eligible for registration may, 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

that 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).

established a presumption that a provider of an online

service described in subparagraph (A)(i) has not undertaken a

good faith effort to comply with this subsection if the

provider has failed to register a designated agent under this

paragraph by the later of—

(i) the date that is 90 days after the effective date of

this section; or

(ii) the date that is 90 days after the date on which the

provider becomes a provider described in subparagraph (A)(i).

(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 registered

under this subsection with respect to the applicable 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

use of a digital replica or a product or service described in

subsection (c)(2)(B).

unauthorized use of a 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—

(i) the material is—

(I) a digital replica, the use of which is unauthorized; or

(II) a product or service described in subsection

(c)(2)(B); and

(ii) the exclusions under subsection (c)(5) do not apply.

(F) If not the right holder or an eligible plaintiff under

subsection (e)(1), a statement, under penalty of perjury,

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 or embodying an unauthorized use of a

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) Elements of counter-notification.—To be effective

under this subsection, a counter-notification with respect to

a notification provided under paragraph (3) shall be a

written communication that satisfies the following:

(A) The counter-notification is provided—

(i) to the designated agent of the online service provider

to which that notification was submitted under paragraph (3);

and

(ii) by the party that placed the applicable material on

the online service.

(B) The counter notification includes the following:

(i) A physical signature, witnessed or attested to in

person by a licensed notary public, of the individual or

entity that placed the applicable material on the online

service.

(ii) An identification of the material that has been

removed or to which access has been disabled and the location

at which the material appeared before the material was

removed or access to the material was disabled.

(iii) Information that is reasonably sufficient to permit

the provider of the online service and the individual or

entity that provided the notification under paragraph (3) to

contact the party providing the counter-notification,

including an address, telephone number, and email address.

(iv) A statement made under penalty of perjury that the

party providing the counter-notification has a good faith

belief that the applicable material was removed, or access to

that material was disabled, as a result of mistake or

misidentification of the material to be removed or access to

which was to be disabled, which shall include a specific

assertion by the party providing the counter-notification

that such material—

(I) is not a digital replica;

(II) is an authorized use of a digital replica; or

(III) is an unauthorized use of a digital replica that

satisfies an exclusion under paragraph (4) or (5) of

subsection (c), a limitation on liability under subsection

(e)(3), or any other requirement with respect to a valid

legal defense, which shall include a succinct explanation of

how such material satisfies the applicable exclusion,

limitation, or requirement.

(v) A statement that the individual or entity that placed

the applicable material on the online service—

(I) consents to the jurisdiction of the district court of

the United States for the judicial district in which the

address provided under clause (iii) is located (or, if that

address is outside of the United States, for any judicial

district of the United States in which that individual or

entity may be found); and

(II) will accept service of process from—

(aa) the individual or entity that provided notification

under paragraph (3); or

(bb) an agent of the individual or entity described in item

(aa).

(5) Penalties for false or deceptive notice.—

(A) Knowing material representations.—

(i) In general.—It shall be unlawful to knowingly

materially misrepresent—

(I) in a notification provided under paragraph (3)—

(aa) that the material requested to be removed, or access

to which is requested to be disabled, is a digital replica,

the use of which is unauthorized;

(bb) that the exclusions under subsection (c)(5) do not

apply; or

(cc) that an individual or entity has the authority to act

on behalf of the right holder; or

(II) in a counter-notification provided under paragraph

(4), that—

(aa) material was removed, or access to material was

disabled, by mistake or misidentification;

(bb) the material removed, or to which access was disabled,

is not a digital replica; or

(cc) the material removed, or to which access was disabled,

is subject to an exclusion under subsection (c)(5), a

limitation on liability under subsection (e)(3), or any other

valid legal defense.

(ii) Failure to perform good faith review.—The failure to

consider in good faith any of the issues described in clause

(i)(I) before providing a notification under paragraph (3),

or any of the issues described in clause (i)(II) before

providing a counter-notification under paragraph (4), shall

constitute a knowing material misrepresentation under this

subparagraph.

(B) Penalties.—In addition to the cause of action and

remedies made available under subsection (e), any individual

or entity that violates subparagraph (A) of this paragraph

shall be liable to the applicable right holder, 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 provided under paragraph (3),

or counter-notification provided under paragraph (4), that

contains a misrepresentation described in subparagraph (A) of

this paragraph; or

(ii) the sum of—

(I) any actual damages incurred by the applicable right

holder or alleged violator, as well as by any provider of an

online service or other individual or entity injured by the

misrepresentation; and

(II) any costs and attorney's fees incurred by the

applicable recipient of a notification under paragraph (3),

or a counter-notification under paragraph (4), that prevails

in an action alleging that the notification or counter-

notification, as applicable, was false or deceptive.

(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), commits a violation of subsection (c) 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

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) Limitation on liability for purely coincidental

resemblance.—

(A) In general.—An individual or entity shall not be

liable for engaging in an activity described in subsection

(c)(2)(A) if—

(i) the resemblance of the voice or visual likeness

embodied in the applicable digital replica to the voice or

visual likeness of the actual individual is purely

coincidental; and

(ii)(I) the actual individual has not achieved public

recognition; or

(II) the voice or visual likeness of the actual individual

does not have commercial value.

(B) Disclaimer not evidence.—A disclaimer regarding the

resemblance of the voice or visual likeness embodied in a

digital replica to the voice or visual likeness of any actual

individual shall not constitute evidence to support the

limitation under subparagraph (A).

(4) 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 use of a 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.

(5) Remedies.—

(A) In general.—In any civil action brought under this

subsection—

(i) an individual or entity found to have committed a

violation of subsection (c) 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 use of a digital

replica;

(bb) in the case of a provider of an online service that

has undertaken a good faith effort to implement all

applicable obligations of paragraphs (1) through (4) of

subsection (d), $25,000 per work embodying the applicable

unauthorized use of a digital replica;

(cc) in the case of a provider of an online service that

has not undertaken a good faith effort to implement all

applicable obligations of paragraphs (1) through (4) of

subsection (d), $5,000 per unauthorized display, copy made,

transmission, and instance of the digital replica being made

available on the online service in a sum of not more than

$750,000 per work embodying the applicable unauthorized use

of a 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 use of a 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 found to have violated

subsection (c) by virtue of engaging 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 implement all

applicable obligations of paragraphs (1) through (4) of

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 implement all

applicable obligations of paragraphs (1) through (4) of

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 a digital replica, the use of which is

unauthorized, 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 a digital replica,

the use of which is unauthorized.

(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

(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 section

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 section, in an expressive work.

(2) Rule of construction.—Notwithstanding paragraph (1),

nothing in this section 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

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, on, 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, assignees, or devisees of the right holder.

(k) Effective Date.—This section shall take effect on the

date that is 180 days after the date of enactment of this

Act.

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