{"check":null,"uid":"b4b3ffb92fc735c8","title":"NO FAKES Act of 2026","title_generated":false,"country":"США","organ":"Конгресс США","kind":"law","kind_name":"Законодательство","lang":"en","date":"2026-07-02","summary":"Закон создаёт федеральное право интеллектуальной собственности на голос и визуальное сходство, защищая людей от несанкционированных цифровых копий (в том числе созданных с помощью генеративного ИИ). Каждый вправе разрешать использование своего голоса или образа; это право не отчуждается при жизни, но может лицензироваться и действует после смерти. За распространение без разрешения — гражданская ответственность. Вводятся процедуры уведомления об удалении и встречного уведомления, а также санкции за ложные заявления. Закон имеет преимущественную силу над законами штатов в этой сфере, кроме норм, действовавших на 2 января 2025 года.","snippet":"","topics":["Интеллектуальная собственность в цифровой среде"],"status":"ok","error":"","text_len":95432,"versions":1,"url":"https://www.congress.gov/bill/119-congress/s/4591","first_seen":"2026-09-08","last_checked":"2026-09-17 01:59","relevance":"hit","score":32,"query":"","source_key":"congress_us","verdict":{"relevance":"hit","score":32,"topics":["Авторское право и цифровой контент"],"need_body":6,"authorities":[],"evidence":[{"topic":"Авторское право и цифровой контент","term":"intellectual property","weak":true,"pos":135,"ctx":"ep entertainment safe act of 2026 or the no fakes act of 2026 this bill creates a federal intellectual property right to protect individuals from unauthorized digital replicas (e.g., digital content ma","zone":"текст","weight":0},{"topic":"Авторское право и цифровой контент","term":"intellectual property","weak":true,"pos":1844,"ctx":"ed in senate (rs)] calendar no. 446 119th congress 2d session s. 4591 to protect intellectual property rights in the voice and visual likeness of individuals, and for other purposes. ________","zone":"текст","weight":0},{"topic":"Авторское право и цифровой контент","term":"intellectual property","weak":true,"pos":2636,"ctx":"_____________________________________________________________________ a bill to protect intellectual property rights in the voice and visual likeness of individuals, and for other purposes. be it en","zone":"текст","weight":0},{"topic":"Авторское право и цифровой контент","term":"copyright","weak":false,"pos":4655,"ctx":"tering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder. (3) individual.--the term ``individual'' means a human being,","zone":"текст","weight":1},{"topic":"Авторское право и цифровой контент","term":"copyright","weak":false,"pos":6632,"ctx":"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,","zone":"текст","weight":1},{"topic":"Авторское право и цифровой контент","term":"copyright","weak":false,"pos":13547,"ctx":"riod 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","zone":"текст","weight":1}],"dropped":[{"topic":"Искусственный интеллект","term":"artificial intelligence","weak":false,"pos":266,"ctx":"dividuals from unauthorized digital replicas (e.g., digital content made using generative artificial intelligence) of their voice and visual likeness. specifically, the bill gives each individual or righ","why":"одиночное упоминание (нужно 6)"},{"topic":"Искусственный интеллект","term":"artificial intelligence","weak":false,"pos":41242,"ctx":"disclosed that the digital replica, product, or service was generated through the use of artificial intelligence or other technology. (4) remedies.-- (a) in gener","why":"одиночное упоминание (нужно 6)"},{"topic":"Искусственный интеллект","term":"artificial intelligence","weak":false,"pos":87120,"ctx":"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 t","why":"одиночное упоминание (нужно 6)"},{"topic":"Криптоактивы и блокчейн","term":"crypto","weak":false,"pos":3293,"ctx":"t.--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 sel","why":"одиночное упоминание (нужно 6)"},{"topic":"Криптоактивы и блокчейн","term":"crypto","weak":false,"pos":50464,"ctx":"t.--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 sel","why":"одиночное упоминание (нужно 6)"},{"topic":"Электронная коммерция и платежи","term":"electronic commerce","weak":false,"pos":6193,"ctx":"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 wo","why":"одиночное упоминание (нужно 6)"},{"topic":"Электронная коммерция и платежи","term":"electronic commerce","weak":false,"pos":53061,"ctx":"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 wo","why":"одиночное упоминание (нужно 6)"}]},"last_changed":"2026-09-11","meta":{"congress":"119","billType":"S","number":"4591","policyArea":"Commerce","subjects":["Administrative law and regulatory procedures","Administrative remedies","Art, artists, authorship","Civil actions and liability","Computers and information technology","Department of Commerce","Digital media","Federal preemption","Intellectual property","Internet, web applications, social media","Music","Photography and imaging","Sound recording"],"latestAction":"2026-05-20 Referred to the House Committee on the Judiciary.","textVersion":"rs"},"source_url":"https://www.congress.gov/bill/119-congress/s/4591","text":"SUMMARY\nNurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 or the NO FAKES Act of 2026\nThis bill creates a federal intellectual property right to protect individuals from unauthorized digital replicas (e.g., digital content made using generative artificial intelligence) of their voice and visual likeness.\nSpecifically, the bill gives each individual or right holder the right to authorize (1) the use of a digital replica embodying the individual's voice or visual likeness, or (2) the use of the individual's voice or visual likeness for a product or service requiring authorization to avoid liability under the bill. This property right is not assignable during the individual’s lifetime but is licensable and does not expire upon the death of the individual.\nGenerally, any individual or entity that engages in specified prohibited activities (e.g., distributing a digital replica without authorization) shall be liable in a civil action and subject to related penalties. The bill exempts specified uses from liability, such as categories of conduct likely to involve protected speech under the First Amendment (e.g., news reporting, sports broadcasts, and satire).\nThe bill establishes (1) a notice-and-takedown process for unauthorized digital replicas; and (2) a counter-notification process, which allows an individual to contest the removal of a digital replica. The bill establishes penalties related to false or deceptive notice or counter-notice.\nThe bill expressly preempts state laws related to digital replicas except for causes of action under state statutes or common law in existence as of January 2, 2025.\n\nFULL TEXT\n[Congressional Bills 119th Congress]\n[From the U.S. Government Publishing Office]\n[S. 4591 Reported in Senate (RS)]\n\n\n\nCalendar No. 446\n119th CONGRESS\n2d Session\nS. 4591\n\nTo protect intellectual property rights in the voice and visual\nlikeness of individuals, and for other purposes.\n\n_______________________________________________________________________\n\nIN THE SENATE OF THE UNITED STATES\n\nMay 20, 2026\n\nMr. Coons (for himself, Mrs. Blackburn, Ms. Klobuchar, Mr. Tillis, Mr.\nDurbin, Mrs. Britt, Ms. Hirono, Mrs. Moody, Mr. Welch, Mr. Cassidy, Mr.\nSchiff, Mr. Hagerty, Ms. Slotkin, Mr. Lankford, Mr. Blumenthal, and Mr.\nScott of Florida) introduced the following bill; which was read twice\nand referred to the Committee on the Judiciary\n\nJune 24, 2026\n\nReported by Mr. Grassley, with an amendment\n[Strike out all after the enacting clause and insert the part printed\nin italic]\n\n_______________________________________________________________________\n\nA BILL\n\nTo protect intellectual property rights in the voice and visual\nlikeness of individuals, and for other purposes.\n\nBe it enacted by the Senate and House of Representatives of the\nUnited States of America in Congress assembled,\n\nSECTION 1. SHORT TITLE.\n\n This Act may be cited as the ``Nurture Originals, Foster\nArt, and Keep Entertainment Safe Act of 2026'' or the ``NO FAKES Act of\n2026''.\n\nSEC. 2. VOICE AND VISUAL LIKENESS RIGHTS.\n\n (a) Definitions.--In this section:\n (1) Digital fingerprint.--The term ``digital\nfingerprint'' means an electronic label or identifier created\nby a cryptographic hash function (or similar function), or any\nother digital process, tool, or technique selected by the\nprovider of an online service, that is unique to a specific\npiece of material such that it is effectively certain that such\npiece of material will not be misidentified as a match for a\ndifferent piece of material.\n (2) Digital replica.--The term ``digital\nreplica''--\n (A) means a newly created, computer-\ngenerated, highly realistic electronic representation\nthat is readily identifiable as the voice or visual\nlikeness of an individual that--\n (i) is embodied in a sound\nrecording, image, audiovisual work, including\nan audiovisual work that does not have any\naccompanying sounds, or transmission--\n\n (I) in which the actual\nindividual did not actually perform or\nappear; or\n (II) that is a version of\na sound recording, image, or\naudiovisual work in which the actual\nindividual did perform or appear, in\nwhich the fundamental character of the\nperformance or appearance has been\nmaterially altered; and\n (B) does not include the electronic\nreproduction, use of a sample of one sound recording or\naudiovisual work into another, remixing, mastering, or\ndigital remastering of a sound recording or audiovisual\nwork authorized by the copyright holder.\n (3) Individual.--The term ``individual'' means a\nhuman being, living or dead.\n (4) Interactive computer service.--The term\n``interactive computer service'' means any information service,\nsystem, or access software provider that provides or enables\ncomputer access by multiple users to a computer server,\nincluding specifically--\n (A) a service or system that provides\naccess to the internet; and\n (B) such systems operated, or services\noffered, by libraries or educational\ninstitutions.\n (5) Online service.--The term ``online service''--\n\n (A) means--\n (i) any website, online\napplication, mobile application, or virtual\nreality environment that predominantly provides\npublic access to user uploaded\nmaterial;\n (ii) any digital music provider to\nwhich section 115 of title 17, United States\nCode, applies, to the extent that the digital\nmusic provider provides public access to a\nsignificant amount of sound recordings that are\npredominantly the fixation of sounds of a\nperformance of a musical composition and are\nuser uploaded material, if that digital music\nprovider is not covered under clause (i);\nand\n (iii) any online application,\nmobile application, virtual reality\nenvironment, application store, search engine\n(including any feature that provides web search\nresults), advertising service or network,\nonline shopping service or platform, electronic\ncommerce provider, mapping service, cloud\nstorage service, aggregator of visual and\naudiovisual works for licensing, or website\nhosting service or any other interactive\ncomputer service that is not covered under\nclause (i), and is not a digital music provider\nto which section 115 of title 17, United States\nCode, applies, but only if the provider of that\ninteractive computer service has registered a\ndesignated agent with the Copyright Office\nunder subsection (d)(2); and\n (B) does not include any website, online\napplication, mobile application, virtual reality\nenvironment, application store, cloud storage service,\nor search engine, if the primary function of that\nwebsite, online application, mobile application,\nvirtual reality environment, application store, cloud\nstorage service, or search engine is to distribute,\nimport, transmit, or otherwise make available to the\npublic a product or service described in subsection\n(c)(2)(B).\n (6) Right holder.--The term ``right holder''\nmeans--\n (A) the individual, the voice or visual\nlikeness of whom is at issue with respect to a digital\nreplica or a product or service described in subsection\n(c)(2)(B); and\n (B) any other individual or entity that\nhas acquired, through a license, inheritance, or\notherwise, the right to authorize the use of the voice\nor visual likeness described in subparagraph\n(A).\n (7) Sound recording artist.--The term ``sound\nrecording artist'' means an individual who creates or performs\nin sound recordings for economic gain or for the livelihood of\nthe individual.\n (8) User uploaded material.--The term ``user\nuploaded material'' means material, such as a video, image,\ngame, audio file, or other similar material, that is placed on\na service directly by, or at the direction of, a consumer end\nuser of a service.\n (b) Digital Replication Right.--\n (1) In general.--Subject to the other provisions\nof this section, each individual or right holder shall have the\nright to authorize the use of the voice or visual likeness of\nthe individual--\n (A) in a digital replica; or\n (B) in connection with a product or\nservice for which authorization of the individual or\nright holder is required to avoid liability with\nrespect to an activity described in subsection\n(c)(2)(B).\n (2) Nature of right.--\n (A) In general.--The right described in\nparagraph (1) shall have the following\ncharacteristics:\n (i) The right is--\n (I) a property\nright;\n (II) not assignable during\nthe life of the individual;\nand\n (III) licensable, in whole\nor in part, exclusively or non-\nexclusively, by the right\nholder.\n (ii) The right shall not expire\nupon the death of the individual, without\nregard to whether the right is commercially\nexploited by the individual during the lifetime\nof the individual.\n (iii) Upon the death of the\nindividual--\n (I) the right is\ntransferable and licensable, in whole\nor in part, by the executors, heirs,\nassignees, licensees, or devisees of\nthe individual; and\n (II) ownership of the\nright may be--\n (aa) transferred,\nin whole or in part, by any\nmeans of conveyance or by\noperation of law; and\n (bb) bequeathed by\nwill or pass as personal\nproperty by the applicable laws\nof intestate\nsuccession.\n (iv) The right shall be exclusive\nto--\n (I) the individual,\nsubject to the licensing of the right\nduring the lifetime of that individual\nunder subparagraph (B); and\n (II) the right holder--\n\n (aa) for a period\nof 10 years after the death of\nthe individual; and\n (bb) if the right\nholder demonstrates active and\nauthorized public use of the\nvoice or visual likeness of the\nindividual in interstate or\nforeign commerce during the 2-\nyear period preceding the\nexpiration of the 10-year\nperiod described in item (aa),\nfor an additional 5-year\nperiod, subject to renewal for\nadditional 5-year periods,\nprovided the right holder can\ndemonstrate authorized public\nuse of the voice or visual\nlikeness of the individual in\ninterstate or foreign commerce\nduring the 2-year period\npreceding the expiration of\neach additional 5-year\nperiod.\n (v) The right shall terminate on\nthe date that is the earlier of--\n (I) the date on which the\n10-year period or 5-year period\ndescribed in clause (iv)(II) terminates\nwithout renewal; or\n (II) the date that is 70\nyears after the death of the\nindividual.\n (B) Requirements for license.--\n (i) In general.--A license\ndescribed in subparagraph (A)(i)(III)--\n\n (I) while the individual\nis living, is valid only to the extent\nthat the license duration does not\nexceed 10 years; and\n (II) shall be valid only\nif the license agreement--\n (aa) is in writing\nand signed by the individual or\nan authorized representative of\nthe individual; and\n (bb) includes a\nreasonably specific description\nof the intended uses of the\napplicable digital\nreplica.\n (ii) Licenses involving a minor.--\nA license described in subparagraph (A)(i)(III)\ninvolving a living individual who is younger\nthan 18 years of age--\n (I) is valid only to the\nextent that the license duration does\nnot exceed 5 years, but in any case\nterminates when the individual reaches\n18 years of age; and\n (II) shall be valid only\nif the license agreement--\n (aa) is in writing\nand signed by the individual or\nan authorized representative of\nthe individual;\n (bb) includes a\nreasonably specific description\nof the intended uses of the\ndigital replica; and\n (cc) is approved\nby a court in accordance with\napplicable State law.\n (iii) Collective bargaining\nagreements.--The provisions of clauses (i) and\n(ii) shall not apply with respect to a license\nif the license is governed by a collective\nbargaining agreement that addresses digital\nreplicas.\n (iv) Limitation.--The provisions\nof clauses (i) and (ii) shall not affect terms\nand conditions of a license or related contract\nother than those described in this\nsubparagraph, and the expiration of that\nlicense shall not affect the remainder of the\nlicense or related contract.\n (C) Requirements for post-mortem\ntransfer.--A post-mortem transfer or license described\nin subparagraph (A)(iii)(I) shall be valid only if the\ntransfer agreement or license agreement is in writing\nand signed by the right holder or an authorized\nrepresentative of the right holder.\n (D) Registration for post-mortem\nrenewal.--\n (i) In general.--The renewal of a\npost-mortem right under subparagraph\n(A)(iv)(II)(bb) shall be effective if, during\nthe applicable 2-year renewal period described\nin that subparagraph, the right holder files a\nnotice with the Register of Copyrights that\ncomplies with such requirements regarding form\nand filing procedures as the Register of\nCopyrights may prescribe by regulation, which\nshall include--\n (I) the name of the\ndeceased individual;\n (II) a statement, under\npenalty of perjury, that the right\nholder has engaged in active and\nauthorized public use of the voice or\nvisual likeness in interstate or\nforeign commerce during the applicable\n2-year period;\n (III) the identity of and\ncontact information for the right\nholder; and\n (IV) such other\ninformation as the Register of\nCopyrights may prescribe by\nregulation.\n (ii) Directory.--The Register of\nCopyrights--\n (I) shall--\n (aa) maintain a\ncurrent directory of post-\nmortem digital replication\nrights registered under this\nsubparagraph; and\n (bb) make the\ndirectory described in item\n(aa) available to the public\nfor inspection online;\nand\n (II) may require payment\nof a reasonable filing fee by the right\nholder filing notice under clause (i),\nwhich may take into consideration the\ncosts of maintaining the directory\ndescribed in subclause (I) of this\nclause.\n (iii) Voluntary initial\nregistration.--\n (I) In general.--A right\nholder may voluntarily register the\npost-mortem right under subparagraph\n(A)(iv)(II)(aa) by filing a notice with\nthe Register of Copyrights that\ncomplies with such requirements\nregarding form, content, and filing\nprocedures as the Register of\nCopyrights may prescribe by\nregulation.\n (II) Authority of register\nof copyrights.--The Register of\nCopyrights may--\n (aa) include a\nvoluntary registration of the\npost-mortem right under\nsubparagraph (A)(iv)(II)(aa) in\nthe directory maintained under\nclause (ii)(I)(aa) of this\nsubparagraph; and\n (bb) require\npayment of a reasonable filing\nfee by a right holder\nregistering a right under this\nclause, which may take into\nconsideration the costs of\nmaintaining the\ndirectory.\n (iv) Authority of register of\ncopyrights.--The Register of Copyrights may\nmake such interpretations and resolve such\nambiguities as may be appropriate to carry out\nthis subparagraph.\n (E) Post-expiration or termination\nutilization of authorized uses.--A digital replica that\nis embodied in a sound recording, image, audiovisual\nwork, including an audiovisual work that does not have\nany accompanying sounds, or transmission, and the use\nof which is authorized pursuant to the terms of a\nlicense, may continue to be utilized in a manner\nconsistent with the terms of that license after the\nexpiration or termination of the license.\n (c) Liability.--\n (1) In general.--Any individual or entity that, in\na manner affecting interstate or foreign commerce (or using any\nmeans or facility of interstate or foreign commerce), engages\nin an activity described in paragraph (2) shall be liable in a\ncivil action brought under subsection (e).\n (2) Activities described.--An activity described\nin this paragraph is either of the following:\n (A) The public display, distribution,\ntransmission, or communication of, or the act of\notherwise making available to the public, including by\nacting as a third party commercial supplier of sound\nrecordings to a digital music provider, a digital\nreplica without authorization by the applicable right\nholder.\n (B) Distributing, importing, transmitting,\nor otherwise making available to the public a product\nor service that--\n (i) is primarily designed to\nproduce 1 or more digital replicas of a\nspecifically identified individual or\nindividuals without the authorization of--\n\n (I) such individual or\nindividuals;\n (II) the applicable right\nholder; or\n (III) the law;\n (ii) has only limited commercially\nsignificant purpose or use other than to\nproduce a digital replica of a specifically\nidentified individual or individuals without\nthe authorization of--\n (I) such individual or\nindividuals;\n (II) the applicable right\nholder; or\n (III) the law;\nor\n (iii) is marketed, advertised, or\notherwise promoted by the individual or entity\ndescribed in paragraph (1), or another\nindividual or entity acting in concert with the\nindividual or entity described in paragraph (1)\nwith the knowledge of the individual or entity\ndescribed in paragraph (1), as a product or\nservice designed to produce a digital replica\nof a specifically identified individual or\nindividuals without the authorization of--\n\n (I) such individual or\nindividuals;\n (II) the applicable right\nholder; or\n (III) the law.\n (3) Notice or knowledge required.--To incur\nliability under this subsection, the following shall\napply:\n (A)(i) With respect to an activity carried\nout under paragraph (2) by the provider of an online\nservice described in clause (ii), the designated agent\nwith respect to the provider must have received a\nnotification that satisfies the requirements under\nsubsection (d)(3), or a court order stating, or must\nhave willfully avoided receipt of such a notification\nor court order, that the applicable material is--\n\n (I) a digital replica that was not\nauthorized by the applicable right holder;\nor\n (II) a product or service\ndescribed in paragraph (2)(B).\n (ii) An online service described in this\nclause is an online service that is--\n (I) described in subsection\n(a)(5)(A)(i);\n (II) described in subsection\n(a)(5)(A)(ii), with respect to sound recordings\nthat are predominantly the fixation of sounds\nof a performance of a musical composition and\nare user uploaded material; or\n (III) described in subsection\n(a)(5)(A)(iii), with respect to material placed\non that online service by or at the direction\nof a third party.\n (B) With respect to an activity carried\nout under paragraph (2) by an individual or entity that\nis not an online service, or an activity carried out\nunder paragraph (2) by the provider of an online\nservice that is not described in subparagraph (A)(ii),\nthe individual or entity must have actual knowledge, or\nmust willfully avoid having such knowledge, that the\napplicable material is--\n (i) a digital replica that was not\nauthorized by the applicable right holder;\nor\n (ii) a product or service\ndescribed in paragraph (2)(B).\n (4) Exclusions.--Liability under this subsection\nshall not extend to--\n (A) a service by wire or radio that\nprovides the capability to transmit data to and receive\ndata from all, or substantially all, internet\nendpoints, including any capabilities that are\nincidental to enable the operation of the\ncommunications service of a provider of online services\nor network access, or the operator of facilities for\nsuch service;\n (B) a provider of an online service\ndescribed in paragraph (3)(A)(ii) alleged to have\nundertaken an activity described in paragraph (2) if--\n\n (i) it is not technologically or\npractically feasible for that provider to\ndisable access to the offending material, or\ndisable the reference or link to that material,\nat the specific location identified in the\napplicable notification sent under subsection\n(d)(3); or\n (ii) disabling access to the\noffending material is prohibited by\nlaw;\n (C) a nonprofit library or archives--\n\n (i) that is eligible for the\nlimitations on exclusive rights under section\n108 of title 17, United States Code;\n (ii) the collections of which\nare--\n (I) open to the public;\nor\n (II) available not only to\nresearchers affiliated with the library\nor archives, or with the institution of\nwhich the library or archives is a\npart, but also to other persons doing\nresearch in a specialized\nfield;\n (iii) that has a public service\nmission;\n (iv) the trained staff or\nvolunteers of which provide professional\nservices normally associated with libraries and\narchives; and\n (v) the collections of which are\ncomposed of lawfully acquired or licensed\nmaterials that are made available consistent\nwith the requirements of title 17, United\nStates Code;\n (D) an accredited nonprofit educational\ninstitution with respect to an activity undertaken\nwithout any purpose of direct or indirect commercial\nadvantage;\n (E) an employee of an institution\ndescribed in subparagraph (C) or (D) acting within the\nscope of the employment of that individual;\n (F) any other person solely with respect\nto providing online or network access services to an\ninstitution described in subparagraph (C) or (D) in the\ncourse of providing those services to that institution;\nor\n (G) an individual or entity that is not an\nonline service, if, upon obtaining actual knowledge of\nan activity described in paragraph (2), the individual\nor entity acts as soon as technologically and\npractically feasible to remove or disable access to the\napplicable material.\n (5) Additional exclusions.--\n (A) In general.--An activity shall not be\nconsidered to be an activity described in paragraph (2)\nif--\n (i) the applicable digital replica\nis produced or used in a bona fide news, public\naffairs, or sports broadcast or account,\nprovided that the digital replica is the\nsubject of, or is materially relevant to, the\nsubject of that broadcast or account;\n (ii) the applicable digital\nreplica is a representation of the applicable\nindividual as the individual in a documentary\nor in a historical or biographical manner,\nincluding some degree of fictionalization,\nunless--\n (I) the production or use\nof that digital replica creates the\nfalse impression that the work is an\nauthentic sound recording, image,\ntransmission, or audiovisual work in\nwhich the individual participated;\nor\n (II) the digital replica\nis embodied in a musical sound\nrecording that is synchronized to\naccompany a motion picture or other\naudiovisual work, except to the extent\nthat the use of that digital replica is\nprotected by the First Amendment to the\nConstitution of the United\nStates;\n (iii) the applicable digital\nreplica is produced or used consistent with the\npublic interest in bona fide commentary,\ncriticism, scholarship, satire, or\nparody;\n (iv) the use of the applicable\ndigital replica is fleeting or negligible;\nor\n (v) the applicable digital replica\nis used in an advertisement or commercial\nannouncement for a purpose described in any of\nclauses (i) through (iv) and the applicable\ndigital replica is relevant to the subject of\nthe work so advertised or announced.\n (B) Applicability.--Subparagraph (A) shall\nnot apply where the applicable digital replica is used\nto depict sexually explicit conduct, as defined in\nsection 2256(2)(A) of title 18, United States\nCode.\n (6) Voluntary use of tools to remove or disable\naccess.--The voluntary use of any tool to remove or disable\naccess to content shall not alone confer actual knowledge of a\nparticular violation of this section.\n (d) Safe Harbors.--\n (1) In general.--\n (A) Products and services capable of\nproducing digital replicas.--No individual or entity\nshall be directly or secondarily liable under this\nsection for an activity described in subsection\n(c)(2)(A) by virtue of distributing, importing,\ntransmitting, or otherwise making available to the\npublic a product or service unless the product or\nservice is a product or service described in subsection\n(c)(2)(B).\n (B) Online services.--The provider of an\nonline service shall not be liable for an activity that\nviolates subsection (c), or for referring or linking to\nthe material containing an unauthorized digital replica\nor a product or service described in subsection\n(c)(2)(B), if--\n (i) for the provider of an online\nservice described in subsection (a)(5)(A)(iii)\n(other than a search engine or a search\ncomponent of a service), the provider has\nadopted and reasonably implemented, and has\ninformed users of the online service of, a\npolicy that provides for the termination in\nappropriate circumstances of account holders of\nthe online service that are repeat violators of\nsubsection (c)(2), provided that the failure to\nterminate a particular account holder in\naccordance with that policy shall subject the\nprovider of the online service to potential\nliability only with respect to violating\ncontent posted by that account holder;\nand\n (ii)(I) upon receiving a\nnotification that satisfies the requirements\nunder paragraph (3), the provider--\n (aa) removes or disables\naccess to the work embodying the\nclaimed unauthorized digital replica or\nthe product or service specifically\nidentified in a notice sent under that\nparagraph, or, as applicable, the link\nor reference to the unauthorized\ndigital replica or product or service,\nas soon as is technologically and\npractically feasible for that\nprovider;\n (bb) for the provider of\nan online service described in\nsubsection (a)(5)(A)(i), as soon as is\ntechnologically and practically\nfeasible for that provider, removes or\ndisables access to all other publicly\navailable instances of the work\nembodying the claimed unauthorized\ndigital replica that--\n (AA) match the\ndigital fingerprint of an\nunauthorized digital replica\nspecifically identified in a\nnotification sent under\nparagraph (3); and\n (BB) are uploaded\nafter valid, applicable notice\nwas submitted to, and processed\nby, the provider;\n (cc) for the provider of\nan online service described in\nsubsection (a)(5)(A)(ii), with respect\nto sound recordings that are\npredominantly the fixation of sounds of\na performance of a musical composition\nand are user uploaded material, as soon\nas is technologically and practically\nfeasible for that provider, removes or\ndisables access to all other publicly\navailable instances of the work\nembodying the claimed unauthorized\ndigital replica that--\n (AA) match the\ndigital fingerprint of an\nunauthorized digital replica\nspecifically identified in a\nnotification sent under\nparagraph (3); and\n (BB) are uploaded\nafter valid, applicable notice\nwas submitted to, and processed\nby, the provider; and\n (dd) takes reasonable\nsteps to promptly notify the right\nholder, and the party that placed the\nmaterial on the online service, that\nthe online service removed or disabled\naccess to the material; and\n (II) the provider, in the case\nthat the provider receives a counter-\nnotification that satisfies the requirements\nunder paragraph (4) and opts to replace the\nremoved material or cease disabling access to\nthat material--\n (aa) takes reasonable\nsteps to promptly provide the\nindividual or entity that provided the\napplicable notification under paragraph\n(3) with a copy of the counter-\nnotification; and\n (bb) not less than 14 days\nafter the date on which the provider\nreceives that counter-notification,\nreplaces the removed material or ceases\ndisabling access to that material,\nunless an eligible plaintiff described\nin subsection (e) brings an action\nunder that subsection, in which case\nthe provider shall remove the material\nor disable access to the material as\nsoon as is technologically and\npractically feasible for the\nprovider.\n (2) Designated agent.--\n (A) Designation.--\n (i) In general.--A provider of an\nonline service described in clause (i) or (ii)\nof subsection (a)(5)(A) shall, and a provider\nof an online service that is described in\nsubsection (a)(5)(A)(iii) and is eligible for\nregistration may, register a designated agent\nin accordance with this paragraph.\n (ii) Contents.--To designate an\nagent under clause (i), the provider of an\nonline service shall make available through\nthat online service, in a location accessible\nto the public, and provide to the Copyright\nOffice, substantially the following\ninformation:\n (I) The name, address,\ntelephone number, and electronic mail\naddress of the agent.\n (II) Other contact\ninformation that the Register of\nCopyrights may determine\nappropriate.\n (B) Directory.--The Register of\nCopyrights--\n (i) shall--\n (I) maintain a current\ndirectory of designated agents for the\npurposes of this paragraph;\nand\n (II) make the directory\ndescribed in subclause (I) available to\nthe public for inspection, including\nthrough the internet; and\n (ii) may require payment of a fee\nby the provider of an online service to cover\nthe costs of maintaining the directory\ndescribed in clause (i)(I).\n (C) Effect of failure to designate.--There\nshall be established a presumption that a provider of\nan online service described in subparagraph (A)(i) has\nnot undertaken a good faith effort to comply with this\nsubsection if the provider has failed to register a\ndesignated agent under this paragraph by the later of--\n\n (i) the date that is 90 days after\nthe effective date of this section;\nor\n (ii) the date that is 90 days\nafter the date on which the provider becomes a\nprovider described in subparagraph\n(A)(i).\n (3) Elements of notification.--To be effective\nunder this subsection, a notification of a claimed violation of\nthe right described in subsection (b) shall be a written\ncommunication provided to the designated agent registered under\nthis subsection with respect to the applicable provider of an\nonline service that includes the following:\n (A) A physical or electronic signature of\nthe right holder, an individual or entity authorized to\nact on behalf of the right holder, or an eligible\nplaintiff under subsection (e)(1).\n (B) Identification of the individual, the\nvoice or visual likeness of whom is at issue with\nrespect to an unauthorized digital replica or a product\nor service described in subsection (c)(2)(B).\n (C) Identification of the material\ncontaining an unauthorized digital replica or a product\nor service described in subsection (c)(2)(B), including\ninformation sufficient to allow the provider to locate\nthe identified material.\n (D) Information reasonably sufficient to\npermit the provider to contact the notifying party,\nsuch as an address, telephone number, and email\naddress.\n (E) A statement that the notifying party\nbelieves in good faith that--\n (i) the material is an\nunauthorized use of a digital replica or a\nproduct or service described in subsection\n(c)(2)(B); and\n (ii) the exclusions under\nsubsection (c)(5) do not apply.\n (F) If not the right holder or an eligible\nplaintiff under subsection (e)(1), a statement, under\npenalty of perjury, that the notifying party has the\nauthority to act on behalf of the right\nholder.\n (G) For the purposes of paragraph (1)(B),\ninformation reasonably sufficient to--\n (i) identify the reference or link\nto the material or activity claimed to be or\ncontaining an unauthorized digital replica, or\na product or service described in subsection\n(c)(2)(B), that is to be removed or to which\naccess is to be disabled; and\n (ii) permit the provider to locate\nthe reference or link described in clause\n(i).\n (4) Elements of counter-notification.--To be\neffective under this subsection, a counter-notification with\nrespect to a notification provided under paragraph (3) shall be\na written communication that satisfies the following:\n (A) The counter-notification is provided--\n\n (i) to the designated agent of the\nonline service provider to which that\nnotification was submitted under paragraph (3);\nand\n (ii) by the party that placed the\napplicable material on the online\nservice.\n (B) The counter notification includes the\nfollowing:\n (i) A physical signature,\nwitnessed or attested to in person by a\nlicensed notary public, of the individual or\nentity that placed the applicable material on\nthe online service.\n (ii) An identification of the\nmaterial that has been removed or to which\naccess has been disabled and the location at\nwhich the material appeared before the material\nwas removed or access to the material was\ndisabled.\n (iii) Information that is\nreasonably sufficient to permit the provider of\nthe online service and the individual or entity\nthat provided the notification under paragraph\n(3) to contact the party providing the counter-\nnotification, including an address, telephone\nnumber, and email address.\n (iv) A statement made under\npenalty of perjury that the party providing the\ncounter-notification has a good faith belief\nthat the applicable material was removed, or\naccess to that material was disabled, as a\nresult of mistake or misidentification of the\nmaterial to be removed or access to which was\nto be disabled, which shall include a specific\nassertion by the party providing the counter-\nnotification that such material--\n (I) is not a digital\nreplica;\n (II) is an authorized\ndigital replica; or\n (III) is an unauthorized\ndigital replica that satisfies an\nexclusion under paragraph (4) or (5) of\nsubsection (c), or any other\nrequirements with respect to a valid\nlegal defense, which shall include a\nsuccinct explanation of how such\nmaterial satisfies the applicable\nexclusion or requirement.\n (v) A statement that the\nindividual or entity described in clause (i)--\n\n (I) consents to the\njurisdiction of the district court of\nthe United States for the judicial\ndistrict in which the address provided\nunder clause (iii) is located (or, if\nthat address is outside of the United\nStates, for any judicial district of\nthe United States in which the provider\nmay be found); and\n (II) will accept service\nof process from--\n (aa) the\nindividual or entity that\nprovided notification under\nparagraph (3); or\n (bb) an agent of\nthe individual or entity\ndescribed in item\n(aa).\n (5) Penalties for false or deceptive notice.--\n\n (A) Knowing material representations.--\n\n (i) In general.--It shall be\nunlawful to knowingly materially misrepresent--\n\n (I) in a notification\nprovided under paragraph (3)--\n\n (aa) that the\nmaterial requested to be\nremoved, or access to which is\nrequested to be disabled, is an\nunauthorized digital\nreplica;\n (bb) that the\nexclusions under subsection\n(c)(5) do not apply;\nor\n (cc) that an\nindividual or entity has the\nauthority to act on behalf of\nthe right holder; or\n (II) in a counter-\nnotification provided under paragraph\n(4)--\n (aa) that the\nmaterial removed, or to which\naccess was disabled--\n\n (AA) was\nremoved or disabled by\nmistake or\nmisidentification;\n\n (BB) is\nnot a digital replica;\nor\n\n (CC) is\nsubject to an exclusion\nunder subsection (c)(5)\nor any other valid\nlegal\ndefense.\n\n (ii) Failure to perform good faith\nreview.--The failure to consider in good faith\nany of the issues described in clause (i)(I)\nbefore providing a notification under paragraph\n(3), or any of the issues described in clause\n(i)(II) before providing a counter-notification\nunder paragraph (4), shall constitute a knowing\nmaterial misrepresentation under this\nsubparagraph.\n (B) Penalties.--In addition to a cause of\naction and remedies made available under subsection\n(e), any individual or entity that violates\nsubparagraph (A) of this paragraph shall be liable to\nthe applicable right holder, the alleged violator that\nuploaded the applicable material, or the provider of an\nonline service injured by the misrepresentation, for an\namount equal to the greater of--\n (i) $25,000 per notification\nprovided under paragraph (3), or counter-\nnotification provided under paragraph (4), that\ncontains a misrepresentation described in\nsubparagraph (A) of this paragraph;\nor\n (ii)(I) any actual damages\nincurred by the applicable right holder or\nalleged violator, as well as by any provider of\nan online service or other individual or entity\ninjured by the misrepresentation; and\n (II) any costs and attorney's fees\nincurred by the applicable recipient of a\nnotification under paragraph (3), or a counter-\nnotification under paragraph (4), that prevails\nin an action alleging that the notification or\ncounter-notification, as applicable, was false\nor deceptive.\n (e) Civil Action.--\n (1) Eligible plaintiffs.--A civil action against\nan individual or entity that, in a manner affecting interstate\ncommerce (or using any means or facility of interstate\ncommerce), commits a violation of subsection (c) may be brought\nby--\n (A) the applicable right holder;\n (B) if the applicable right holder is an\nindividual who is younger than 18 years of age, a\nparent or guardian of that individual; or\n (C) in the case of a digital replica\ninvolving a sound recording artist, any individual or\nentity that has, directly or indirectly, entered into--\n\n (i) a contract for the exclusive\npersonal services of the sound recording artist\nas a sound recording artist; or\n (ii) an exclusive license to\ndistribute or transmit 1 or more works that\ncapture the audio performance of the sound\nrecording artist.\n (2) Limitations period.--A civil action may not be\nbrought under this subsection unless the civil action is\ncommenced not later than 3 years after the date on which the\nparty seeking to bring the civil action discovered, or with due\ndiligence should have discovered, the applicable\nviolation.\n (3) Defense not permitted.--It shall not be a\ndefense in a civil action brought under this subsection that\nthe defendant displayed or otherwise communicated to the public\na disclaimer stating that the applicable digital replica, or\nthe applicable product or service described in subsection\n(c)(2)(B), was unauthorized or disclosed that the digital\nreplica, product, or service was generated through the use of\nartificial intelligence or other technology.\n (4) Remedies.--\n (A) In general.--In any civil action\nbrought under this subsection--\n (i) an individual or entity found\nto have committed a violation of subsection (c)\nshall be liable to the injured party in an\namount equal to the greater of--\n (I)(aa) in the case of an\nindividual, $5,000 per work embodying\nthe applicable unauthorized digital\nreplica;\n (bb) in the case of a\nprovider of an online service that has\nundertaken a good faith effort to\nimplement all applicable obligations of\nparagraphs (1) through (4) of\nsubsection (d), $25,000 per work\nembodying the applicable unauthorized\ndigital replica;\n (cc) in the case of a\nprovider of an online service that has\nnot undertaken a good faith effort to\nimplement all applicable obligations of\nparagraphs (1) through (4) of\nsubsection (d), $5,000 per display,\ncopy made, transmission, and instance\nof the unauthorized digital replica\nbeing made available on the online\nservice in a sum of not more than\n$750,000 per work embodying the\napplicable unauthorized digital\nreplica; and\n (dd) in the case of an\nentity that is not a provider of an\nonline service, $25,000 per work\nembodying the applicable unauthorized\ndigital replica; or\n (II) any actual damages\nsuffered by the injured party as a\nresult of the activity, plus any\nprofits from the unauthorized use that\nare attributable to such use and are\nnot taken into account in computing the\nactual damages;\n (ii) an individual or entity found\nto have violated subsection (c) by virtue of\nengaging in an activity described in subsection\n(c)(2)(B) shall be liable to the injured party\nin an amount equal to the greater of--\n\n (I)(aa) in the case of an\nindividual, $5,000 per product or\nservice;\n (bb) in the case of a\nprovider of an online service that has\nundertaken a good faith effort to\nimplement all applicable obligations of\nparagraphs (1) through (4) of\nsubsection (d), $25,000 per product or\nservice;\n (cc) in the case of a\nprovider of an online service that has\nnot undertaken a good faith effort to\nimplement all applicable obligations of\nparagraphs (1) through (4) of\nsubsection (d), $750,000 per product or\nservice; or\n (dd) in the case of an\nentity that is not a provider of an\nonline service, $25,000 per product or\nservice; or\n (II) any actual damages\nsuffered by the injured party as a\nresult of the activity, plus any\nprofits from the unauthorized use that\nare attributable to such use and are\nnot taken into account in computing the\nactual damages;\n (iii) the plaintiff may seek\ninjunctive or other equitable relief;\n (iv) in the case of willful\nactivity in which the injured party has proven\nthat the defendant acted with malice, fraud,\nknowledge, or willful avoidance of knowledge\nthat the conduct violated the law, the court\nmay award to the injured party punitive\ndamages; and\n (v) if the prevailing party is--\n\n (I) the party bringing the\naction, the court shall award\nreasonable attorney's fees;\nor\n (II) the party defending\nthe action, the court shall award\nreasonable attorney's fees if the court\ndetermines that the action was not\nbrought in good faith.\n (B) Objectively reasonable belief.--A\nprovider of an online service that has designated an\nagent under subsection (d)(2) and has an objectively\nreasonable belief that material that is claimed to be\nan unauthorized digital replica does not qualify as a\ndigital replica shall be liable only for actual damages\nunder subparagraph (A) if the material is ultimately\ndetermined to be an unauthorized digital\nreplica.\n (f) Subpoena To Identify Violator.--\n (1) Request.--A right holder, an individual or\nentity authorized to act on behalf of a right holder, or an\neligible plaintiff under subsection (e)(1) may request the\nclerk of any district court of the United States to issue a\nsubpoena to a provider of an online service for identification\nof an alleged violator of this section in accordance with this\nsubsection.\n (2) Contents of request.--A request under\nparagraph (1) may be made by filing with the clerk--\n (A) a copy of a notification described in\nsubsection (d)(3);\n (B) a proposed subpoena; and\n (C) a sworn declaration to the effect\nthat--\n (i) the purpose of the subpoena is\nto obtain the identity of an individual or\nentity alleged to be liable under subsection\n(c); and\n (ii) the information described in\nclause (i) will only be used for the purpose of\nprotecting rights under this section.\n (3) Contents of subpoena.--A subpoena issued under\nthis subsection shall authorize and order the provider of the\napplicable online service to expeditiously disclose to the\nparty that sought the subpoena information sufficient to\nidentify the alleged violator by virtue of the activity\ndescribed in the notification to the extent that information is\navailable to the provider of the online service.\n (4) Basis for granting subpoena.--If a proposed\nsubpoena under this subsection is in proper form, the\napplicable notification filed satisfies the requirements under\nsubsection (d)(3), and the accompanying declaration is properly\nexecuted, the clerk shall expeditiously issue and sign the\nproposed subpoena and return the subpoena to the requester for\ndelivery to the provider of the applicable online\nservice.\n (g) Preemption.--\n (1) In general.--The rights established under this\nAct shall preempt any cause of action under State law for the\nprotection of an individual's voice and visual likeness rights\nin connection with a digital replica, as defined in this Act,\nin an expressive work.\n (2) Rule of construction.--Notwithstanding\nparagraph (1), nothing in this Act may be construed to\npreempt--\n (A) causes of action under State statutes\nor common law in existence, as of January 2, 2025,\nregarding a digital replica;\n (B) causes of action under State statutes\nspecifically regulating a digital replica depicting\nsexually explicit conduct, as defined in section\n2256(2)(A) of title 18, United States Code, or an\nelection-related digital replica; or\n (C) causes of action under State statutes\nor common law in existence, as of January 2, 2025, for\nthe distributing, importing, transmitting, or otherwise\nmaking available to the public a product or service\ncapable of producing 1 or more digital\nreplicas.\n (h) Rules of Construction.--\n (1) Laws pertaining to intellectual property.--\nThis section shall be considered to be a law pertaining to\nintellectual property for the purposes of section 230(e)(2) of\nthe Communications Act of 1934 (47 U.S.C. 230(e)(2)).\n (2) No duty to monitor.--Except as expressly\nprovided in subsection (d)(1)(B)(ii), nothing in this section\nmay be construed to require the provider of an online service\nto--\n (A) monitor the online service for, or\naffirmatively seek facts about, any digital replica;\nor\n (B) gain access to material.\n (i) Severability.--If any provision of this section, or\nthe application of a provision of this section, is held to be invalid,\nthe validity of the remainder of this section, and the application of\nthat provision to other individuals, entities, and circumstances, shall\nnot be affected by that holding.\n (j) Retroactive Effect.--\n (1) Liabilities.--Liability under this section\nshall apply only to--\n (A) conduct occurring after the date of\nenactment of this Act; and\n (B) in the case of conduct covered by a\nlicense or contract, a license or contract that is\nexecuted after the date of enactment of this\nAct.\n (2) Digital replication right.--The right granted\nunder subsection (b)--\n (A) shall apply to any individual,\nregardless of whether the individual dies before, on,\nor after the date of enactment of this Act;\nand\n (B) in the case of a right holder who has\ndied before the date of enactment of this Act, shall\nvest in the executors, heirs, assignees, or devisees of\nthe right holder.\n (k) Effective Date.--This Act shall take effect on the\ndate that is 180 days after the date of enactment of this\nAct.\n\nSECTION 1. SHORT TITLE.\n\nThis Act may be cited as the ``Nurture Originals, Foster Art, and\nKeep Entertainment Safe Act of 2026'' or the ``NO FAKES Act of 2026''.\n\nSEC. 2. VOICE AND VISUAL LIKENESS RIGHTS.\n\n(a) Definitions.--In this section:\n(1) Digital fingerprint.--The term ``digital fingerprint''\nmeans an electronic label or identifier created by a\ncryptographic hash function (or similar function), or any other\ndigital process, tool, or technique selected by the provider of\nan online service, that is unique to a specific piece of\nmaterial such that it is effectively certain that such piece of\nmaterial will not be misidentified as a match for a different\npiece of material.\n(2) Digital replica.--The term ``digital replica''--\n(A) means a newly created, computer-generated,\nhighly realistic electronic representation that is\nreadily identifiable as the voice or visual likeness of\nan individual that--\n(i) is embodied in a sound recording,\nimage, audiovisual work, including an\naudiovisual work that does not have any\naccompanying sounds, or transmission--\n(I) in which the actual individual\ndid not actually perform or appear; or\n(II) that is a version of a sound\nrecording, image, or audiovisual work\nin which the actual individual did\nperform or appear, in which the\nfundamental character of the\nperformance or appearance has been\nmaterially altered; and\n(B) does not include the electronic reproduction,\nuse of a sample of one sound recording or audiovisual\nwork into another, remixing, mastering, or digital\nremastering of a sound recording or audiovisual work\nauthorized by the copyright holder.\n(3) Individual.--The term ``individual'' means a human\nbeing, living or dead.\n(4) Interactive computer service.--The term ``interactive\ncomputer service'' means any information service, system, or\naccess software provider that provides or enables computer\naccess by multiple users to a computer server, including\nspecifically--\n(A) a service or system that provides access to the\ninternet; and\n(B) such systems operated, or services offered, by\nlibraries or educational institutions.\n(5) Online service.--The term ``online service''--\n(A) means--\n(i) any website, online application, mobile\napplication, or virtual reality environment\nthat predominantly provides public access to\nuser uploaded material;\n(ii) any digital music provider to which\nsection 115 of title 17, United States Code,\napplies, to the extent that the digital music\nprovider provides public access to a\nsignificant amount of sound recordings that are\npredominantly the fixation of sounds of a\nperformance of a musical composition and are\nuser uploaded material, if that digital music\nprovider is not covered under clause (i); and\n(iii) any online application, mobile\napplication, virtual reality environment,\napplication store, search engine (including any\nfeature that provides web search results),\nadvertising service or network, online shopping\nservice or platform, electronic commerce\nprovider, mapping service, cloud storage\nservice, aggregator of visual and audiovisual\nworks for licensing, or website hosting service\nor any other interactive computer service that\nis not covered under clause (i), and is not a\ndigital music provider to which section 115 of\ntitle 17, United States Code, applies, but only\nif the provider of that interactive computer\nservice has registered a designated agent with\nthe Copyright Office under subsection (d)(2);\nand\n(B) does not include any website, online\napplication, mobile application, virtual reality\nenvironment, application store, cloud storage service,\nor search engine, if the primary function of that\nwebsite, online application, mobile application,\nvirtual reality environment, application store, cloud\nstorage service, or search engine is to distribute,\nimport, transmit, or otherwise make available to the\npublic a product or service described in subsection\n(c)(2)(B).\n(6) Right holder.--The term ``right holder'' means--\n(A) the individual, the voice or visual likeness of\nwhom is at issue with respect to a digital replica or a\nproduct or service described in subsection (c)(2)(B);\nand\n(B) any other individual or entity that has\nacquired, through a license, inheritance, or otherwise,\nthe right to authorize the use of the voice or visual\nlikeness described in subparagraph (A).\n(7) Sound recording artist.--The term ``sound recording\nartist'' means an individual who creates or performs in sound\nrecordings for economic gain or for the livelihood of the\nindividual.\n(8) User uploaded material.--The term ``user uploaded\nmaterial''--\n(A) means material, such as a video, image, audio\nfile, or other similar material, that is placed on a\nservice directly by, or at the direction of, a consumer\nend user of a service; and\n(B) does not include material that is--\n(i) embodied in a video game; and\n(ii) generated or customized by a consumer\nend user of that video game.\n(b) Digital Replication Right.--\n(1) In general.--Subject to the other provisions of this\nsection, each individual or right holder shall have the right\nto authorize--\n(A) the use of a digital replica embodying the\nvoice or visual likeness of the individual; or\n(B) the use of the voice or visual likeness of the\nindividual in connection with a product or service for\nwhich authorization of the individual or right holder\nis required to avoid liability with respect to an\nactivity described in subsection (c)(2)(B).\n(2) Nature of right.--\n(A) In general.--The right described in paragraph\n(1) shall have the following characteristics:\n(i) The right is--\n(I) a property right;\n(II) not assignable during the life\nof the individual, including through\ninvoluntary transfer, such as by means\nof bankruptcy, levy, lien enforcement,\ncourt order, or other legal process;\nand\n(III) licensable, in whole or in\npart, exclusively or non-exclusively,\nby the right holder.\n(ii) The right shall not expire upon the\ndeath of the individual, without regard to\nwhether the right is commercially exploited by\nthe individual during the lifetime of the\nindividual.\n(iii) Upon the death of the individual--\n(I) the right is transferable and\nlicensable, in whole or in part, by the\nexecutors, heirs, assignees, licensees,\nor devisees of the individual; and\n(II) ownership of the right may\nbe--\n(aa) transferred, in whole\nor in part, by any means of\nconveyance or by operation of\nlaw; and\n(bb) bequeathed by will or\npass as personal property by\nthe applicable laws of\nintestate succession.\n(iv)(I) The right shall be exclusive to--\n(aa) the individual, subject to the\nlicensing of the right during the\nlifetime of that individual under\nsubparagraph (B); and\n(bb) the right holder--\n(AA) for a period of 10\nyears after the death of the\nindividual; and\n(BB) if the right holder\ndemonstrates active and\nauthorized public use of the\nvoice or visual likeness of the\nindividual in interstate or\nforeign commerce during the 2-\nyear period preceding the\nexpiration of the 10-year\nperiod described in subitem\n(AA), for an additional 5-year\nperiod, subject to renewal for\nadditional 5-year periods,\nprovided the right holder can\ndemonstrate authorized public\nuse of the voice or visual\nlikeness of the individual in\ninterstate or foreign commerce\nduring the 2-year period\npreceding the expiration of\neach additional 5-year period.\n(II) The commercial availability of a sound\nrecording or audiovisual work in which the\nvoice or visual likeness of an individual is\nreadily identifiable shall constitute active\nand authorized public use of that voice or\nvisual likeness for the purposes of subclause\n(I)(bb)(BB).\n(v) The right shall terminate on the date\nthat is the earlier of--\n(I) the date on which the 10-year\nperiod or 5-year period described in\nclause (iv)(I)(bb) terminates without\nrenewal; or\n(II) the date that is 70 years\nafter the death of the individual.\n(B) Requirements for license.--\n(i) In general.--A license described in\nsubparagraph (A)(i)(III)--\n(I) while the applicable individual\nis living, is valid only to the extent\nthat the license duration does not\nexceed 10 years; and\n(II) shall be valid only if the\nlicense agreement--\n(aa) is in writing and\nsigned by--\n\n(AA) the applicable\nindividual; or\n\n(BB) in the case of\na deceased individual,\nthe right holder or an\nauthorized\nrepresentative of the\nright holder; and\n\n(bb) includes a reasonably\nspecific description of the\nintended uses of the applicable\ndigital replica.\n(ii) Licenses involving a minor.--A license\ndescribed in subparagraph (A)(i)(III) involving\na living individual who is younger than 18\nyears of age--\n(I) is valid only to the extent\nthat the license duration does not\nexceed 5 years, but in any case\nterminates when the individual reaches\n18 years of age; and\n(II) shall be valid only if the\nlicense agreement--\n(aa) is in writing and\nsigned by the individual or an\nauthorized representative of\nthe individual;\n(bb) includes a reasonably\nspecific description of the\nintended uses of the digital\nreplica; and\n(cc) is approved by a court\nin accordance with applicable\nState law.\n(iii) Collective bargaining agreements.--\nThe provisions of clauses (i) and (ii) shall\nnot apply with respect to a license if the\nlicense is governed by a collective bargaining\nagreement that addresses digital replicas.\n(iv) Limitation.--The provisions of clauses\n(i) and (ii) shall not affect terms and\nconditions of a license or related contract\nother than those described in this\nsubparagraph, and the expiration of that\nlicense shall not affect the remainder of the\nlicense or related contract.\n(C) Requirements for post-mortem transfer.--A post-\nmortem transfer or license described in subparagraph\n(A)(iii)(I) shall be valid only if the transfer\nagreement or license agreement is in writing and signed\nby the right holder or an authorized representative of\nthe right holder.\n(D) Registration for post-mortem renewal.--\n(i) In general.--The renewal of a post-\nmortem right under subparagraph\n(A)(iv)(I)(bb)(BB) shall be effective if,\nduring the applicable 2-year renewal period\ndescribed in that subparagraph, the right\nholder files a notice with the Register of\nCopyrights that complies with such requirements\nregarding form and filing procedures as the\nRegister of Copyrights may prescribe by\nregulation, which shall include--\n(I) the name of the deceased\nindividual;\n(II) a statement, under penalty of\nperjury, that the right holder has\nengaged in active and authorized public\nuse of the voice or visual likeness in\ninterstate or foreign commerce during\nthe applicable 2-year period;\n(III) the identity of and contact\ninformation for the right holder; and\n(IV) such other information as the\nRegister of Copyrights may prescribe by\nregulation.\n(ii) Directory.--The Register of\nCopyrights--\n(I) shall--\n(aa) maintain a current\ndirectory of post-mortem\ndigital replication rights\nregistered under this\nsubparagraph; and\n(bb) make the directory\ndescribed in item (aa)\navailable to the public for\ninspection online; and\n(II) may require payment of a\nreasonable filing fee by the right\nholder filing notice under clause (i),\nwhich may take into consideration the\ncosts of maintaining the directory\ndescribed in subclause (I) of this\nclause.\n(iii) Voluntary initial registration.--\n(I) In general.--A right holder may\nvoluntarily register the post-mortem\nright under subparagraph\n(A)(iv)(I)(bb)(AA) by filing a notice\nwith the Register of Copyrights that\ncomplies with such requirements\nregarding form, content, and filing\nprocedures as the Register of\nCopyrights may prescribe by regulation.\n(II) Authority of register of\ncopyrights.--The Register of Copyrights\nmay--\n(aa) include a voluntary\nregistration of the post-mortem\nright under subparagraph\n(A)(iv)(I)(bb)(AA) in the\ndirectory maintained under\nclause (ii)(I)(aa) of this\nsubparagraph; and\n(bb) require payment of a\nreasonable filing fee by a\nright holder registering a\nright under this clause, which\nmay take into consideration the\ncosts of maintaining the\ndirectory.\n(iv) Initial post-mortem registration for\nindividuals deceased 8 years or longer as of\ndate of enactment.--Notwithstanding any other\nprovision of this paragraph--\n(I) with respect to an individual\nwho died not fewer than 10 years before\nthe date of enactment of this Act, the\napplicable right holder may, not later\nthan 90 days after the effective date\nof this section, voluntarily register\nthe post-mortem right under\nsubparagraph (A)(iv)(I)(bb)(BB) by\nfiling with the Register of Copyrights\na notice that complies with such\nrequirements as the Register of\nCopyrights may prescribe by regulation\nunder clause (i), if the right holder\ndemonstrates the required authorized\npublic use of the voice or visual\nlikeness of the individual in\ninterstate or foreign commerce during\nthe 2-year period preceding the date of\nenactment of this Act, subject to\nprotection during the periods of\nexclusivity and termination under\nclauses (iv) and (v) of subparagraph\n(A); and\n(II) with respect to an individual\nwho died not fewer than 8, and fewer\nthan 10, years before the date of\nenactment of this Act, the applicable\nright holder may file a notice under\nclause (i) or subclause (I) of this\nclause.\n(v) Authority of register of copyrights.--\nThe Register of Copyrights may make such\ninterpretations and resolve such ambiguities as\nmay be appropriate to carry out this\nsubparagraph.\n(E) Post-expiration or termination utilization of\nauthorized uses.--A digital replica that is embodied in\na sound recording, image, audiovisual work, including\nan audiovisual work that does not have any accompanying\nsounds, or transmission, and the use of which is\nauthorized pursuant to the terms of a license, may\ncontinue to be utilized in a manner consistent with the\nterms of that license after the expiration or\ntermination of the license.\n(c) Liability.--\n(1) In general.--Any individual or entity that, in a manner\naffecting interstate or foreign commerce (or using any means or\nfacility of interstate or foreign commerce), engages in an\nactivity described in paragraph (2) shall be liable in a civil\naction brought under subsection (e).\n(2) Activities described.--An activity described in this\nparagraph is either of the following:\n(A) The public display, distribution, transmission,\nor communication of, or the act of otherwise making\navailable to the public, including by acting as a third\nparty commercial supplier of sound recordings to a\ndigital music provider, a digital replica without\nauthorization by the applicable right holder.\n(B) Distributing, importing, transmitting, or\notherwise making available to the public a product or\nservice that--\n(i) is primarily designed to produce 1 or\nmore digital replicas of a specifically\nidentified individual or individuals without\nthe authorization of--\n(I) such individual or individuals;\n(II) the applicable right holder;\nor\n(III) the law;\n(ii) has only limited commercially\nsignificant purpose or use other than to\nproduce a digital replica of a specifically\nidentified individual or individuals without\nthe authorization of--\n(I) such individual or individuals;\n(II) the applicable right holder;\nor\n(III) the law; or\n(iii) is marketed, advertised, or otherwise\npromoted by the individual or entity described\nin paragraph (1), or another individual or\nentity acting in concert with the individual or\nentity described in paragraph (1) with the\nknowledge of the individual or entity described\nin paragraph (1), as a product or service\ndesigned to produce a digital replica of a\nspecifically identified individual or\nindividuals without the authorization of--\n(I) such individual or individuals;\n(II) the applicable right holder;\nor\n(III) the law.\n(3) Notice or knowledge required.--To incur liability under\nthis subsection, the following shall apply:\n(A)(i) With respect to an activity carried out\nunder paragraph (2) by the provider of an online\nservice described in clause (ii), the designated agent\nwith respect to the provider must have received a\nnotification that satisfies the requirements under\nsubsection (d)(3), or a court order stating, or must\nhave willfully avoided receipt of such a notification\nor court order, that the applicable material is--\n(I) a digital replica, the use of which was\nnot authorized by the applicable right holder;\nor\n(II) a product or service described in\nparagraph (2)(B).\n(ii) An online service described in this clause is\nan online service that is--\n(I) described in subsection (a)(5)(A)(i);\n(II) described in subsection (a)(5)(A)(ii),\nwith respect to sound recordings that are\npredominantly the fixation of sounds of a\nperformance of a musical composition and are\nuser uploaded material; or\n(III) described in subsection\n(a)(5)(A)(iii), with respect to material placed\non that online service by or at the direction\nof a third party.\n(B) With respect to an activity carried out under\nparagraph (2) by an individual or entity that is not an\nonline service, or an activity carried out under\nparagraph (2) by the provider of an online service that\nis not described in subparagraph (A)(ii), the\nindividual or entity must have actual knowledge, or\nmust willfully avoid having such knowledge, that the\napplicable material is--\n(i) a digital replica, the use of which was\nnot authorized by the applicable right holder;\nor\n(ii) a product or service described in\nparagraph (2)(B).\n(4) Exclusions.--Liability under this subsection shall not\nextend to--\n(A) a service by wire or radio that provides the\ncapability to transmit data to and receive data from\nall, or substantially all, internet endpoints,\nincluding any capabilities that are incidental to\nenable the operation of the communications service of a\nprovider of online services or network access, or the\noperator of facilities for such service;\n(B) a provider of an online service described in\nparagraph (3)(A)(ii) alleged to have undertaken an\nactivity described in paragraph (2) if--\n(i) it is not technologically or\npractically feasible for that provider to\ndisable access to the offending material, or\ndisable the reference or link to that material,\nat the specific location identified in the\napplicable notification sent under subsection\n(d)(3); or\n(ii) disabling access to the offending\nmaterial is prohibited by law;\n(C) a nonprofit library or archives--\n(i) that is eligible for the limitations on\nexclusive rights under section 108 of title 17,\nUnited States Code;\n(ii) the collections of which are--\n(I) open to the public; or\n(II) available not only to\nresearchers affiliated with the library\nor archives, or with the institution of\nwhich the library or archives is a\npart, but also to other persons doing\nresearch in a specialized field;\n(iii) that has a public service mission;\n(iv) the trained staff or volunteers of\nwhich provide professional services normally\nassociated with libraries and archives; and\n(v) the collections of which are composed\nof lawfully acquired or licensed materials that\nare made available consistent with the\nrequirements of title 17, United States Code;\n(D) an accredited nonprofit educational institution\nwith respect to an activity undertaken without any\npurpose of direct or indirect commercial advantage;\n(E) an employee of an institution described in\nsubparagraph (C) or (D) acting within the scope of the\nemployment of that individual;\n(F) any other person solely with respect to\nproviding online or network access services to an\ninstitution described in subparagraph (C) or (D) in the\ncourse of providing those services to that institution;\nor\n(G) an individual or entity that is not an online\nservice, if, upon obtaining actual knowledge of an\nactivity described in paragraph (2), the individual or\nentity acts as soon as technologically and practically\nfeasible to remove or disable access to the applicable\nmaterial.\n(5) Additional exclusions.--\n(A) In general.--An activity shall not be\nconsidered to be an activity described in paragraph (2)\nif--\n(i) the applicable digital replica is used\nin a bona fide news, public affairs, or sports\nbroadcast or account, provided that the digital\nreplica is the subject of, or is materially\nrelevant to, the subject of that broadcast or\naccount;\n(ii) the applicable digital replica is a\nrepresentation of the applicable individual as\nthe individual in a documentary or in a\nhistorical or biographical manner, including\nsome degree of fictionalization, unless--\n(I) the use of that digital replica\ncreates the false impression that the\nwork is an authentic sound recording,\nimage, transmission, or audiovisual\nwork in which the individual\nparticipated; or\n(II) the digital replica is\nembodied in a musical sound recording\nthat is synchronized to accompany a\nmotion picture or other audiovisual\nwork, except to the extent that the use\nof that digital replica is protected by\nthe First Amendment to the Constitution\nof the United States;\n(iii) the applicable digital replica is\nused consistent with the public interest in\nbona fide commentary, criticism, scholarship,\nsatire, or parody;\n(iv) the use of the applicable digital\nreplica is fleeting or negligible; or\n(v) the applicable digital replica is used\nin an advertisement or commercial announcement\nfor a purpose described in any of clauses (i)\nthrough (iv) and the applicable digital replica\nis relevant to the subject of the work so\nadvertised or announced.\n(B) Applicability.--Subparagraph (A) shall not\napply where the applicable digital replica is used to\ndepict sexually explicit conduct, as defined in section\n2256(2)(A) of title 18, United States Code.\n(6) Voluntary use of tools to remove or disable access.--\nThe voluntary use of any tool to remove or disable access to\ncontent shall not alone confer actual knowledge of a particular\nviolation of this section.\n(d) Safe Harbors.--\n(1) In general.--\n(A) Products and services capable of producing\ndigital replicas.--No individual or entity shall be\ndirectly or secondarily liable under this section for\nan activity described in subsection (c)(2)(A) by virtue\nof distributing, importing, transmitting, or otherwise\nmaking available to the public a product or service\nunless the product or service is a product or service\ndescribed in subsection (c)(2)(B).\n(B) Online services.--The provider of an online\nservice shall not be liable for an activity that\nviolates subsection (c), or for referring or linking to\nthe material embodying an unauthorized digital replica\nor a product or service described in subsection\n(c)(2)(B), if--\n(i) for the provider of an online service\ndescribed in subsection (a)(5)(A)(iii) (other\nthan a search engine or a search component of a\nservice), the provider has adopted and\nreasonably implemented, and has informed users\nof the online service of, a policy that\nprovides for the termination in appropriate\ncircumstances of account holders of the online\nservice that are repeat violators of subsection\n(c)(2), provided that the failure to terminate\na particular account holder in accordance with\nthat policy shall subject the provider of the\nonline service to potential liability only with\nrespect to violating content posted by that\naccount holder; and\n(ii)(I) upon receiving a notification that\nsatisfies the requirements under paragraph (3),\nthe provider--\n(aa) removes or disables access to\nthe work embodying the claimed\nunauthorized use of a digital replica\nor the product or service specifically\nidentified in a notice sent under that\nparagraph, or, as applicable, the link\nor reference to the unauthorized use of\na digital replica or product or\nservice, as soon as is technologically\nand practically feasible for that\nprovider;\n(bb) for the provider of an online\nservice described in subsection\n(a)(5)(A)(i), as soon as is\ntechnologically and practically\nfeasible for that provider, removes or\ndisables access to all other publicly\navailable instances of the work\nembodying the claimed unauthorized use\nof a digital replica that--\n(AA) match the digital\nfingerprint of an unauthorized\nuse of a digital replica\nspecifically identified in a\nnotification sent under\nparagraph (3); and\n(BB) are uploaded after\nvalid, applicable notice was\nsubmitted to, and processed by,\nthe provider;\n(cc) for the provider of an online\nservice described in subsection\n(a)(5)(A)(ii), with respect to sound\nrecordings that are predominantly the\nfixation of sounds of a performance of\na musical composition and are user\nuploaded material, as soon as is\ntechnologically and practically\nfeasible for that provider, removes or\ndisables access to all other publicly\navailable instances of the work\nembodying the claimed unauthorized use\nof a digital replica that--\n(AA) match the digital\nfingerprint of an unauthorized\nuse of a digital replica\nspecifically identified in a\nnotification sent under\nparagraph (3); and\n(BB) are uploaded after\nvalid, applicable notice was\nsubmitted to, and processed by,\nthe provider; and\n(dd) takes reasonable steps to\npromptly notify the right holder, and\nthe party that placed the material on\nthe online service, that the online\nservice removed or disabled access to\nthe material; and\n(II) the provider, in the case that the\nprovider receives a counter-notification that\nsatisfies the requirements under paragraph (4)\nand opts to replace the removed material or\ncease disabling access to that material--\n(aa) takes reasonable steps to\npromptly provide the individual or\nentity that provided the applicable\nnotification under paragraph (3) with a\ncopy of the counter-notification; and\n(bb) not less than 14 days after\nthe date on which the provider receives\nthat counter-notification, replaces the\nremoved material or ceases disabling\naccess to that material, unless an\neligible plaintiff described in\nsubsection (e) brings an action under\nthat subsection, in which case the\nprovider shall remove the material or\ndisable access to the material as soon\nas is technologically and practically\nfeasible for the provider.\n(2) Designated agent.--\n(A) Designation.--\n(i) In general.--A provider of an online\nservice described in clause (i) or (ii) of\nsubsection (a)(5)(A) shall, and a provider of\nan online service that is described in\nsubsection (a)(5)(A)(iii) and is eligible for\nregistration may, register a designated agent\nin accordance with this paragraph.\n(ii) Contents.--To designate an agent under\nclause (i), the provider of an online service\nshall make available through that online\nservice, in a location accessible to the\npublic, and provide to the Copyright Office,\nsubstantially the following information:\n(I) The name, address, telephone\nnumber, and electronic mail address of\nthe agent.\n(II) Other contact information that\nthe Register of Copyrights may\ndetermine appropriate.\n(B) Directory.--The Register of Copyrights--\n(i) shall--\n(I) maintain a current directory of\ndesignated agents for the purposes of\nthis paragraph; and\n(II) make the directory described\nin subclause (I) available to the\npublic for inspection, including\nthrough the internet; and\n(ii) may require payment of a fee by the\nprovider of an online service to cover the\ncosts of maintaining the directory described in\nclause (i)(I).\n(C) Effect of failure to designate.--There shall be\nestablished a presumption that a provider of an online\nservice described in subparagraph (A)(i) has not\nundertaken a good faith effort to comply with this\nsubsection if the provider has failed to register a\ndesignated agent under this paragraph by the later of--\n(i) the date that is 90 days after the\neffective date of this section; or\n(ii) the date that is 90 days after the\ndate on which the provider becomes a provider\ndescribed in subparagraph (A)(i).\n(3) Elements of notification.--To be effective under this\nsubsection, a notification of a claimed violation of the right\ndescribed in subsection (b) shall be a written communication\nprovided to the designated agent registered under this\nsubsection with respect to the applicable provider of an online\nservice that includes the following:\n(A) A physical or electronic signature of the right\nholder, an individual or entity authorized to act on\nbehalf of the right holder, or an eligible plaintiff\nunder subsection (e)(1).\n(B) Identification of the individual, the voice or\nvisual likeness of whom is at issue with respect to an\nunauthorized use of a digital replica or a product or\nservice described in subsection (c)(2)(B).\n(C) Identification of the material embodying an\nunauthorized use of a digital replica or a product or\nservice described in subsection (c)(2)(B), including\ninformation sufficient to allow the provider to locate\nthe identified material.\n(D) Information reasonably sufficient to permit the\nprovider to contact the notifying party, such as an\naddress, telephone number, and email address.\n(E) A statement that the notifying party believes\nin good faith that--\n(i) the material is--\n(I) a digital replica, the use of\nwhich is unauthorized; or\n(II) a product or service described\nin subsection (c)(2)(B); and\n(ii) the exclusions under subsection (c)(5)\ndo not apply.\n(F) If not the right holder or an eligible\nplaintiff under subsection (e)(1), a statement, under\npenalty of perjury, that the notifying party has the\nauthority to act on behalf of the right holder.\n(G) For the purposes of paragraph (1)(B),\ninformation reasonably sufficient to--\n(i) identify the reference or link to the\nmaterial or activity claimed to be or embodying\nan unauthorized use of a digital replica, or a\nproduct or service described in subsection\n(c)(2)(B), that is to be removed or to which\naccess is to be disabled; and\n(ii) permit the provider to locate the\nreference or link described in clause (i).\n(4) Elements of counter-notification.--To be effective\nunder this subsection, a counter-notification with respect to a\nnotification provided under paragraph (3) shall be a written\ncommunication that satisfies the following:\n(A) The counter-notification is provided--\n(i) to the designated agent of the online\nservice provider to which that notification was\nsubmitted under paragraph (3); and\n(ii) by the party that placed the\napplicable material on the online service.\n(B) The counter notification includes the\nfollowing:\n(i) A physical signature, witnessed or\nattested to in person by a licensed notary\npublic, of the individual or entity that placed\nthe applicable material on the online service.\n(ii) An identification of the material that\nhas been removed or to which access has been\ndisabled and the location at which the material\nappeared before the material was removed or\naccess to the material was disabled.\n(iii) Information that is reasonably\nsufficient to permit the provider of the online\nservice and the individual or entity that\nprovided the notification under paragraph (3)\nto contact the party providing the counter-\nnotification, including an address, telephone\nnumber, and email address.\n(iv) A statement made under penalty of\nperjury that the party providing the counter-\nnotification has a good faith belief that the\napplicable material was removed, or access to\nthat material was disabled, as a result of\nmistake or misidentification of the material to\nbe removed or access to which was to be\ndisabled, which shall include a specific\nassertion by the party providing the counter-\nnotification that such material--\n(I) is not a digital replica;\n(II) is an authorized use of a\ndigital replica; or\n(III) is an unauthorized use of a\ndigital replica that satisfies an\nexclusion under paragraph (4) or (5) of\nsubsection (c), a limitation on\nliability under subsection (e)(3), or\nany other requirement with respect to a\nvalid legal defense, which shall\ninclude a succinct explanation of how\nsuch material satisfies the applicable\nexclusion, limitation, or requirement.\n(v) A statement that the individual or\nentity that placed the applicable material on\nthe online service--\n(I) consents to the jurisdiction of\nthe district court of the United States\nfor the judicial district in which the\naddress provided under clause (iii) is\nlocated (or, if that address is outside\nof the United States, for any judicial\ndistrict of the United States in which\nthat individual or entity may be\nfound); and\n(II) will accept service of process\nfrom--\n(aa) the individual or\nentity that provided\nnotification under paragraph\n(3); or\n(bb) an agent of the\nindividual or entity described\nin item (aa).\n(5) Penalties for false or deceptive notice.--\n(A) Knowing material representations.--\n(i) In general.--It shall be unlawful to\nknowingly materially misrepresent--\n(I) in a notification provided\nunder paragraph (3)--\n(aa) that the material\nrequested to be removed, or\naccess to which is requested to\nbe disabled, is a digital\nreplica, the use of which is\nunauthorized;\n(bb) that the exclusions\nunder subsection (c)(5) do not\napply; or\n(cc) that an individual or\nentity has the authority to act\non behalf of the right holder;\nor\n(II) in a counter-notification\nprovided under paragraph (4), that--\n(aa) material was removed,\nor access to material was\ndisabled, by mistake or\nmisidentification;\n(bb) the material removed,\nor to which access was\ndisabled, is not a digital\nreplica; or\n(cc) the material removed,\nor to which access was\ndisabled, is subject to an\nexclusion under subsection\n(c)(5), a limitation on\nliability under subsection\n(e)(3), or any other valid\nlegal defense.\n(ii) Failure to perform good faith\nreview.--The failure to consider in good faith\nany of the issues described in clause (i)(I)\nbefore providing a notification under paragraph\n(3), or any of the issues described in clause\n(i)(II) before providing a counter-notification\nunder paragraph (4), shall constitute a knowing\nmaterial misrepresentation under this\nsubparagraph.\n(B) Penalties.--In addition to the cause of action\nand remedies made available under subsection (e), any\nindividual or entity that violates subparagraph (A) of\nthis paragraph shall be liable to the applicable right\nholder, the alleged violator that uploaded the\napplicable material, or the provider of an online\nservice injured by the misrepresentation, for an amount\nequal to the greater of--\n(i) $25,000 per notification provided under\nparagraph (3), or counter-notification provided\nunder paragraph (4), that contains a\nmisrepresentation described in subparagraph (A)\nof this paragraph; or\n(ii) the sum of--\n(I) any actual damages incurred by\nthe applicable right holder or alleged\nviolator, as well as by any provider of\nan online service or other individual\nor entity injured by the\nmisrepresentation; and\n(II) any costs and attorney's fees\nincurred by the applicable recipient of\na notification under paragraph (3), or\na counter-notification under paragraph\n(4), that prevails in an action\nalleging that the notification or\ncounter-notification, as applicable,\nwas false or deceptive.\n(e) Civil Action.--\n(1) Eligible plaintiffs.--A civil action against an\nindividual or entity that, in a manner affecting interstate\ncommerce (or using any means or facility of interstate\ncommerce), commits a violation of subsection (c) may be brought\nby--\n(A) the applicable right holder;\n(B) if the applicable right holder is an individual\nwho is younger than 18 years of age, a parent or\nguardian of that individual; or\n(C) in the case of a digital replica involving a\nsound recording artist, any individual or entity that\nhas, directly or indirectly, entered into--\n(i) a contract for the exclusive personal\nservices of the sound recording artist as a\nsound recording artist; or\n(ii) an exclusive license to distribute or\ntransmit 1 or more works that capture the audio\nperformance of the sound recording artist.\n(2) Limitations period.--A civil action may not be brought\nunder this subsection unless the civil action is commenced not\nlater than 3 years after the date on which the party seeking to\nbring the civil action discovered, or with due diligence should\nhave discovered, the applicable violation.\n(3) Limitation on liability for purely coincidental\nresemblance.--\n(A) In general.--An individual or entity shall not\nbe liable for engaging in an activity described in\nsubsection (c)(2)(A) if--\n(i) the resemblance of the voice or visual\nlikeness embodied in the applicable digital\nreplica to the voice or visual likeness of the\nactual individual is purely coincidental; and\n(ii)(I) the actual individual has not\nachieved public recognition; or\n(II) the voice or visual likeness of the\nactual individual does not have commercial\nvalue.\n(B) Disclaimer not evidence.--A disclaimer\nregarding the resemblance of the voice or visual\nlikeness embodied in a digital replica to the voice or\nvisual likeness of any actual individual shall not\nconstitute evidence to support the limitation under\nsubparagraph (A).\n(4) Defense not permitted.--It shall not be a defense in a\ncivil action brought under this subsection that the defendant\ndisplayed or otherwise communicated to the public a disclaimer\nstating that the applicable use of a digital replica, or the\napplicable product or service described in subsection\n(c)(2)(B), was unauthorized or disclosed that the digital\nreplica, product, or service was generated through the use of\nartificial intelligence or other technology.\n(5) Remedies.--\n(A) In general.--In any civil action brought under\nthis subsection--\n(i) an individual or entity found to have\ncommitted a violation of subsection (c) shall\nbe liable to the injured party in an amount\nequal to the greater of--\n(I)(aa) in the case of an\nindividual, $5,000 per work embodying\nthe applicable unauthorized use of a\ndigital replica;\n(bb) in the case of a provider of\nan online service that has undertaken a\ngood faith effort to implement all\napplicable obligations of paragraphs\n(1) through (4) of subsection (d),\n$25,000 per work embodying the\napplicable unauthorized use of a\ndigital replica;\n(cc) in the case of a provider of\nan online service that has not\nundertaken a good faith effort to\nimplement all applicable obligations of\nparagraphs (1) through (4) of\nsubsection (d), $5,000 per unauthorized\ndisplay, copy made, transmission, and\ninstance of the digital replica being\nmade available on the online service in\na sum of not more than $750,000 per\nwork embodying the applicable\nunauthorized use of a digital replica;\nand\n(dd) in the case of an entity that\nis not a provider of an online service,\n$25,000 per work embodying the\napplicable unauthorized use of a\ndigital replica; or\n(II) any actual damages suffered by\nthe injured party as a result of the\nactivity, plus any profits from the\nunauthorized use that are attributable\nto such use and are not taken into\naccount in computing the actual\ndamages;\n(ii) an individual or entity found to have\nviolated subsection (c) by virtue of engaging\nin an activity described in subsection\n(c)(2)(B) shall be liable to the injured party\nin an amount equal to the greater of--\n(I)(aa) in the case of an\nindividual, $5,000 per product or\nservice;\n(bb) in the case of a provider of\nan online service that has undertaken a\ngood faith effort to implement all\napplicable obligations of paragraphs\n(1) through (4) of subsection (d),\n$25,000 per product or service;\n(cc) in the case of a provider of\nan online service that has not\nundertaken a good faith effort to\nimplement all applicable obligations of\nparagraphs (1) through (4) of\nsubsection (d), $750,000 per product or\nservice; or\n(dd) in the case of an entity that\nis not a provider of an online service,\n$25,000 per product or service; or\n(II) any actual damages suffered by\nthe injured party as a result of the\nactivity, plus any profits from the\nunauthorized use that are attributable\nto such use and are not taken into\naccount in computing the actual\ndamages;\n(iii) the plaintiff may seek injunctive or\nother equitable relief;\n(iv) in the case of willful activity in\nwhich the injured party has proven that the\ndefendant acted with malice, fraud, knowledge,\nor willful avoidance of knowledge that the\nconduct violated the law, the court may award\nto the injured party punitive damages; and\n(v) if the prevailing party is--\n(I) the party bringing the action,\nthe court shall award reasonable\nattorney's fees; or\n(II) the party defending the\naction, the court shall award\nreasonable attorney's fees if the court\ndetermines that the action was not\nbrought in good faith.\n(B) Objectively reasonable belief.--A provider of\nan online service that has designated an agent under\nsubsection (d)(2) and has an objectively reasonable\nbelief that material that is claimed to be a digital\nreplica, the use of which is unauthorized, does not\nqualify as a digital replica shall be liable only for\nactual damages under subparagraph (A) if the material\nis ultimately determined to be a digital replica, the\nuse of which is unauthorized.\n(f) Subpoena To Identify Violator.--\n(1) Request.--A right holder, an individual or entity\nauthorized to act on behalf of a right holder, or an eligible\nplaintiff under subsection (e)(1) may request the clerk of any\ndistrict court of the United States to issue a subpoena to a\nprovider of an online service for identification of an alleged\nviolator of this section in accordance with this subsection.\n(2) Contents of request.--A request under paragraph (1) may\nbe made by filing with the clerk--\n(A) a copy of a notification described in\nsubsection (d)(3);\n(B) a proposed subpoena; and\n(C) a sworn declaration to the effect that--\n(i) the purpose of the subpoena is to\nobtain the identity of an individual or entity\nalleged to be liable under subsection (c); and\n(ii) the information described in clause\n(i) will only be used for the purpose of\nprotecting rights under this section.\n(3) Contents of subpoena.--A subpoena issued under this\nsubsection shall authorize and order the provider of the\napplicable online service to expeditiously disclose to the\nparty that sought the subpoena information sufficient to\nidentify the alleged violator by virtue of the activity\ndescribed in the notification to the extent that information is\navailable to the provider of the online service.\n(4) Basis for granting subpoena.--If a proposed subpoena\nunder this subsection is in proper form, the applicable\nnotification filed satisfies the requirements under subsection\n(d)(3), and the accompanying declaration is properly executed,\nthe clerk shall expeditiously issue and sign the proposed\nsubpoena and return the subpoena to the requester for delivery\nto the provider of the applicable online service.\n(g) Preemption.--\n(1) In general.--The rights established under this section\nshall preempt any cause of action under State law for the\nprotection of an individual's voice and visual likeness rights\nin connection with a digital replica, as defined in this\nsection, in an expressive work.\n(2) Rule of construction.--Notwithstanding paragraph (1),\nnothing in this section may be construed to preempt--\n(A) causes of action under State statutes or common\nlaw in existence, as of January 2, 2025, regarding a\ndigital replica;\n(B) causes of action under State statutes\nspecifically regulating a digital replica depicting\nsexually explicit conduct, as defined in section\n2256(2)(A) of title 18, United States Code, or an\nelection-related digital replica; or\n(C) causes of action under State statutes or common\nlaw in existence, as of January 2, 2025, for the\ndistributing, importing, transmitting, or otherwise\nmaking available to the public a product or service\ncapable of producing 1 or more digital replicas.\n(h) Rules of Construction.--\n(1) Laws pertaining to intellectual property.--This section\nshall be considered to be a law pertaining to intellectual\nproperty for the purposes of section 230(e)(2) of the\nCommunications Act of 1934 (47 U.S.C. 230(e)(2)).\n(2) No duty to monitor.--Except as expressly provided in\nsubsection (d)(1)(B)(ii), nothing in this section may be\nconstrued to require the provider of an online service to--\n(A) monitor the online service for, or\naffirmatively seek facts about, any digital replica; or\n(B) gain access to material.\n(i) Severability.--If any provision of this section, or the\napplication of a provision of this section, is held to be invalid, the\nvalidity of the remainder of this section, and the application of that\nprovision to other individuals, entities, and circumstances, shall not\nbe affected by that holding.\n(j) Retroactive Effect.--\n(1) Liabilities.--Liability under this section shall apply\nonly to--\n(A) conduct occurring after the date of enactment\nof this Act; and\n(B) in the case of conduct covered by a license or\ncontract, a license or contract that is executed after\nthe date of enactment of this Act.\n(2) Digital replication right.--The right granted under\nsubsection (b)--\n(A) shall apply to any individual, regardless of\nwhether the individual dies before, on, or after the\ndate of enactment of this Act; and\n(B) in the case of a right holder who has died\nbefore the date of enactment of this Act, shall vest in\nthe executors, heirs, assignees, or devisees of the\nright holder.\n(k) Effective Date.--This section shall take effect on the date\nthat is 180 days after the date of enactment of this Act.\nCalendar No. 446\n\n119th CONGRESS\n\n2d Session\n\nS. 4591\n\n_______________________________________________________________________\n\nA BILL\n\nTo protect intellectual property rights in the voice and visual\nlikeness of individuals, and for other purposes.\n\n_______________________________________________________________________\n\nJune 24, 2026\n\nReported with an amendment","changes":[],"passport":{"data":{"act":{"jurisdiction":"США","title_official":"Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 or the NO FAKES Act of 2026","title_short":"NO FAKES Act of 2026","level":"Закон","date_adopted":"2026-06-24","date_in_force":"2026-12-24","date_version":"","phased":"","status":"Действует","sunset":"","regulator":"","related":""},"goal":{"problem":"Защита интеллектуальной собственности личности через регулирование использования цифровых реплик голоса и визуальных образов.","goal":"Установить федеральную интеллектуальную собственность на цифровые реплики голоса и внешности людей.","targets":"","scope":"Цифровые реплики, созданные искусственным интеллектом, использующие голос и внешность человека без разрешения владельца.","exclusions":"Исключены случаи добросовестного использования, например, новостные репортажи, спортивные трансляции, сатира."},"subjects_note":{"protected":"Потребители, авторы контента, создатели цифрового искусства."},"subjects":[{"role":"Поставщик, платформа, оператор, потребитель, госорган","who":"Поставщики цифровых реплик, платформы, операторы онлайн-сервисов, пользователи систем, государственные органы.","criteria":"Размер бизнеса, характер деятельности, наличие цифровой репутации.","count":"нет данных"}],"norms":[{"address":"ст. 2(е)","addressee":"Госорганы","essence":"Контроль соблюдения законодательства и защита авторских прав.","type":"Полномочие","mechanism":"Нет прямого воздействия","cost_channel":"Нет прямых издержек","cost_kind":"Нет прямых издержек","trigger":"Постоянно","sanction":"","refs":"","form":"","in_force":"","ru_analog":"Правоохранительные органы, Роскомнадзор"}]},"made_by":"GigaChat-2","made_at":"2026-09-16 07:19:34","edited_at":null,"edited_by":null}}