(a)(1)–(8) DIGITAL FINGERPRINTDigital fingerprint"Digital fingerprint" means an electronic label or identifier created by a cryptographic hash function (or similar function), or any other digital process, tool, or technique selected by the provider of an online service, that is unique to a specific piece of material such that it is effectively certain that such piece of material will not be misidentified as a match for a different piece of material.Sec. 2(a)(1).—The term ''digital fingerprintDigital fingerprint"Digital fingerprint" means an electronic label or identifier created by a cryptographic hash function (or similar function), or any other digital process, tool, or technique selected by the provider of an online service, that is unique to a specific piece of material such that it is effectively certain that such piece of material will not be misidentified as a match for a different piece of material.Sec. 2(a)(1)'' means an electronic label or identifier created by a cryptographic hash function (or similar function), or any other digital process, tool, or technique selected by the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5), that is unique to a specific piece of material such that it is effectively certain that such piece of material will not be misidentified as a match for a different piece of material. (2) DIGITAL REPLICADigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2).—The term ''digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2)''— (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder. (3) INDIVIDUALIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3).—The term ''individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3)'' means a human being, living or dead. (4) INTERACTIVE COMPUTER SERVICEInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically— (A) a service or system that provides access to the internet; and (B) such systems operated, or services offered, by libraries or educational institutions.Sec. 2(a)(4).—The term ''interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically— (A) a service or system that provides access to the internet; and (B) such systems operated, or services offered, by libraries or educational institutions.Sec. 2(a)(4)'' means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically— (A) a service or system that provides access to the internet; and (B) such systems operated, or services offered, by libraries or educational institutions. (5) ONLINE SERVICEOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5).—The term ''online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5)''— (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded materialUser uploaded material"User uploaded material" (A) means material, such as a video, image, game, audio file, or other material, that is placed on a service directly by or at the direction of an end user of a service. (B) For the purposes of subparagraph (A), an end user, with respect to an online service, does not include— (i) a third-party commercial provider of sound recordings to a digital music provider; or (ii) an employee or agent of the online service acting on behalf of the provider of the online service.Sec. 2(a)(8); (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded materialUser uploaded material"User uploaded material" (A) means material, such as a video, image, game, audio file, or other material, that is placed on a service directly by or at the direction of an end user of a service. (B) For the purposes of subparagraph (A), an end user, with respect to an online service, does not include— (i) a third-party commercial provider of sound recordings to a digital music provider; or (ii) an employee or agent of the online service acting on behalf of the provider of the online service.Sec. 2(a)(8) if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically— (A) a service or system that provides access to the internet; and (B) such systems operated, or services offered, by libraries or educational institutions.Sec. 2(a)(4) that is not covered under clause (i) and that provides public access to user uploaded materialUser uploaded material"User uploaded material" (A) means material, such as a video, image, game, audio file, or other material, that is placed on a service directly by or at the direction of an end user of a service. (B) For the purposes of subparagraph (A), an end user, with respect to an online service, does not include— (i) a third-party commercial provider of sound recordings to a digital music provider; or (ii) an employee or agent of the online service acting on behalf of the provider of the online service.Sec. 2(a)(8), but only if the provider of that interactive computer serviceInteractive computer service"Interactive computer service" means any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically— (A) a service or system that provides access to the internet; and (B) such systems operated, or services offered, by libraries or educational institutions.Sec. 2(a)(4) has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B). (6) RIGHT HOLDERRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6).—The term ''right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6)'' means— (A) the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3), the voice or visual likeness of whom is at issue with respect to a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) or a product or service described in subsection (c)(2)(B); and (B) any other individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A). (7) SOUND RECORDING ARTISTSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Sec. 2(a)(7).—The term ''sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Sec. 2(a)(7)'' means an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) who creates or performs in sound recordings for economic gain or for the livelihood of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3). (8) USER UPLOADED MATERIALUser uploaded material"User uploaded material" (A) means material, such as a video, image, game, audio file, or other material, that is placed on a service directly by or at the direction of an end user of a service. (B) For the purposes of subparagraph (A), an end user, with respect to an online service, does not include— (i) a third-party commercial provider of sound recordings to a digital music provider; or (ii) an employee or agent of the online service acting on behalf of the provider of the online service.Sec. 2(a)(8).— (A) IN GENERAL.—The term ''user uploaded materialUser uploaded material"User uploaded material" (A) means material, such as a video, image, game, audio file, or other material, that is placed on a service directly by or at the direction of an end user of a service. (B) For the purposes of subparagraph (A), an end user, with respect to an online service, does not include— (i) a third-party commercial provider of sound recordings to a digital music provider; or (ii) an employee or agent of the online service acting on behalf of the provider of the online service.Sec. 2(a)(8)'' means material, such as a video, image, game, audio file, or other material, that is placed on a service directly by or at the direction of an end user of a service. (B) SCOPE OF END USER.—For the purposes of subparagraph (A), an end user, with respect to an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5), does not include— (i) a third-party commercial provider of sound recordings to a digital music provider; or (ii) an employee or agent of the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) acting on behalf of the provider of the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5).

(b)(1) 1 IN GENERAL.—Subject to the other provisions of this section, each individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) shall have the right to authorize the use of the voice or visual likeness of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3)— (A) in a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); or (B) in connection with a product or service for which authorization of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) is required to avoid liability with respect to an activity described in subsection (c)(2)(B).

(b)(2)(A)–(E) 1 NATURE OF RIGHT.— (A) IN GENERAL.—The right described in paragraph (1) shall have the following characteristics: (i) The right is— (I) a property right; (II) not assignable during the life of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); and (III) licensable, in whole or in part, exclusively or non-exclusively, by the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6). (ii) The right shall not expire upon the death of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3), without regard to whether the right is commercially exploited by the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) during the lifetime of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3). (iii) Upon the death of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3)— (I) the right is transferable and licensable, in whole or in part, by the executors, heirs, assigns, licensees, or devisees of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); and (II) ownership of the right may be— (aa) transferred, in whole or in part, by any means of conveyance or by operation of law; and (bb) bequeathed by will or pass as personal property by the applicable laws of intestate succession. (iv) The right shall be exclusive to— (I) the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3), subject to the licensing of the right during the lifetime of that individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) under subparagraph (B); and (II) the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6)— (aa) for a period of 10 years after the death of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); and (bb) if the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) demonstrates active and authorized public use of the voice or visual likeness of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) during the 2-year period preceding the expiration of the 10-year period described in item (aa), for an additional 5-year period, subject to renewal for additional 5-year periods, provided the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) can demonstrate authorized public use of the voice or visual likeness of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) during the 2-year period preceding the expiration of each additional 5-year period. (v) The right shall terminate on the date that is the earlier of— (I) the date on which the 10-year period or 5-year period described in clause (iv)(II) terminates without renewal; or (II) the date that is 70 years after the death of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3). (B) REQUIREMENTS FOR LICENSE.— (i) IN GENERAL.—A license described in subparagraph (A)(i)(III)— (I) while the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) is living, is valid only to the extent that the license duration does not exceed 10 years; and (II) shall be valid only if the license agreement— (aa) is in writing and signed by the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or an authorized representative of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); and (bb) includes a reasonably specific description of the intended uses of the applicable digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2). (ii) LICENSES INVOLVING A MINOR.—A license described in subparagraph (A)(i)(III) involving a living individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) who is younger than 18 years of age— (I) is valid only to the extent that the license duration does not exceed 5 years, but in any case terminates when the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) reaches 18 years of age; and (II) shall be valid only if the license agreement— (aa) is in writing and signed by the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or an authorized representative of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); (bb) includes a reasonably specific description of the intended uses of the digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); and (cc) is approved by a court in accordance with applicable State law. (iii) COLLECTIVE BARGAINING AGREEMENTS.—The provisions of clauses (i) and (ii) shall not apply with respect to a license if the license is governed by a collective bargaining agreement that addresses digital replicasDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2). (iv) LIMITATION.—The provisions of clauses (i) and (ii) shall not affect terms and conditions of a license or related contract other than those described in this subparagraph, and the expiration of that license shall not affect the remainder of the license or related contract. (C) REQUIREMENTS FOR POST-MORTEM TRANSFER.—A post-mortem transfer or license described in subparagraph (A)(iii)(I) shall be valid only if the transfer agreement or license agreement is in writing and signed by the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) or an authorized representative of the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6). (D) REGISTRATION FOR POST-MORTEM RENEWAL.— (i) IN GENERAL.—The renewal of a post-mortem right under subparagraph (A)(iv)(II)(bb) shall be effective if, during the applicable 2-year renewal period described in that subparagraph, the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) files a notice with the Register of Copyrights that complies with such requirements regarding form and filing procedures as the Register of Copyrights may prescribe by regulation, which shall include— (I) the name of the deceased individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); (II) a statement, under penalty of perjury, that the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) has engaged in active and authorized public use of the voice or visual likeness during the applicable 2-year period; (III) the identity of and contact information for the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6); and (IV) such other information as the Register of Copyrights may prescribe by regulation. (ii) DIRECTORY.—The Register of Copyrights— (I) shall— (aa) maintain a current directory of post-mortem digital replication rights registered under this subparagraph; and (bb) make the directory described in item (aa) available to the public for inspection online; and (II) may require payment of a reasonable filing fee by the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) filing notice under clause (i), which may take into consideration the costs of maintaining the directory described in subclause (I) of this clause. (iii) VOLUNTARY INITIAL REGISTRATION.— (I) IN GENERAL.—A right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) may voluntarily register the post-mortem right under subparagraph (A)(iv)(II)(aa) by filing a notice with the Register of Copyrights that complies with such requirements regarding form, content, and filing procedures as the Register of Copyrights may prescribe by regulation. (II) AUTHORITY OF REGISTER OF COPYRIGHTS.—The Register of Copyrights may— (aa) include a voluntary registration of the post-mortem right under subparagraph (A)(iv)(II)(aa) in the directory maintained under clause (ii)(I)(aa) of this subparagraph; and (bb) require payment of a reasonable filing fee by a right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) registering a right under this clause, which may take into consideration the costs of maintaining the directory. (iv) AUTHORITY OF REGISTER OF COPYRIGHTS.—The Register of Copyrights may make such interpretations and resolve such ambiguities as may be appropriate to carry out this subparagraph. (E) POST-EXPIRATION OR TERMINATION UTILIZATION OF AUTHORIZED USES.—A digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) that is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission, and the use of which is authorized pursuant to the terms of a license, may continue to be utilized in a manner consistent with the terms of that license after the expiration or termination of the license.

(c)(1)–(2) 2 IN GENERAL.—Any individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity that, in a manner affecting interstate commerce (or using any means or facility of interstate commerce), engages in an activity described in paragraph (2) shall be liable in a civil action brought under subsection (e). (2) ACTIVITIES DESCRIBED.—An activity described in this paragraph is either of the following: (A) The public display, distribution, transmission, or communication of, or the act of otherwise making available to the public, a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) without authorization by the applicable right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6). (B) Distributing, importing, transmitting, or otherwise making available to the public a product or service that— (i) is primarily designed to produce 1 or more digital replicas of a specifically identified individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or individualsIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) without the authorization of— (I) such individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or individualsIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); (II) the applicable right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6); or (III) the law; (ii) has only limited commercially significant purpose or use other than to produce a digital replica of a specifically identified individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or individualsIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) without the authorization of— (I) such individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or individualsIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); (II) the applicable right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6); or (III) the law; or (iii) is marketed, advertised, or otherwise promoted by the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity described in paragraph (1), or another individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity acting in concert with the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity described in paragraph (1) with the knowledge of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) described in paragraph (1), as a product or service designed to produce a digital replica of a specifically identified individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or individualsIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) without the authorization of— (I) such individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or individualsIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); (II) the applicable right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6); or (III) the law.

(c)(3) 2 NOTICE OR KNOWLEDGE REQUIRED.—To incur liability under this subsection— (A) with respect to an activity carried out under paragraph (2) by the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5), the provider must have received a notification that satisfies the requirements under subsection (d)(3), or a court order stating (or must have willfully avoided receipt of such a notification or court order), that the applicable material is— (i) a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) that was not authorized by the applicable right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6); or (ii) a product or service described in paragraph (2)(B); and (B) with respect to an activity carried out under paragraph (2) by an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity that is not a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5), the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity must have actual knowledge, or must willfully avoid having such knowledge, that the applicable material is— (i) a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) that was not authorized by the applicable right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6); or (ii) a product or service described in paragraph (2)(B).

(c)(4) 2 EXCLUSIONS.—Liability under this subsection shall not extend to— (A) a service by wire or radio that provides the capability to transmit data to and receive data from all, or substantially all, internet endpoints, including any capabilities that are incidental to enable the operation of the communications service of a provider of online servicesOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) or network access, or the operator of facilities for such service; or (B) a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) alleged to have undertaken an activity described in paragraph (2) if— (i) it is not technologically feasible for that provider to disable access to the offending material, or disable the reference or link to that material, at the specific location identified in the applicable notification sent under subsection (d)(3); or (ii) disabling access to the offending material is prohibited by law.

(c)(5) 2 ADDITIONAL EXCLUSIONS.— (A) IN GENERAL.—An activity shall not be considered to be an activity described in paragraph (2) if— (i) the applicable digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is produced or used in a bona fide news, public affairs, or sports broadcast or account, provided that the digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is the subject of, or is materially relevant to, the subject of that broadcast or account; (ii) the applicable digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is a representation of the applicable individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) as the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) in a documentary or in a historical or biographical manner, including some degree of fictionalization, unless— (I) the production or use of that digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) creates the false impression that the work is an authentic sound recording, image, transmission, or audiovisual work in which the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) participated; or (II) the digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is embodied in a musical sound recording that is synchronized to accompany a motion picture or other audiovisual work, except to the extent that the use of that digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is protected by the First Amendment to the Constitution of the United States; (iii) the applicable digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is produced or used consistent with the public interest in bona fide commentary, criticism, scholarship, satire, or parody; (iv) the use of the applicable digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is fleeting or negligible; or (v) the applicable digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is used in an advertisement or commercial announcement for a purpose described in any of clauses (i) through (iv) and the applicable digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is relevant to the subject of the work so advertised or announced. (B) APPLICABILITY.—Subparagraph (A) shall not apply where the applicable digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) is used to depict sexually explicit conduct, as defined in section 2256(2)(A) of title 18, United States Code.

(d)(1)(A) PRODUCTS AND SERVICES CAPABLE OF PRODUCING DIGITAL REPLICASDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2).—No individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity shall be directly or secondarily liable under this section for an activity described in subsection (c)(2)(A) by virtue of distributing, importing, transmitting, or otherwise making available to the public a product or service unless the product or service is a product or service described in subsection (c)(2)(B).

(d)(1)(B) 3 ONLINE SERVICESOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5).—The provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) shall not be liable for referring or linking to, or violating subsection (c) with respect to, user uploaded materialUser uploaded material"User uploaded material" (A) means material, such as a video, image, game, audio file, or other material, that is placed on a service directly by or at the direction of an end user of a service. (B) For the purposes of subparagraph (A), an end user, with respect to an online service, does not include— (i) a third-party commercial provider of sound recordings to a digital music provider; or (ii) an employee or agent of the online service acting on behalf of the provider of the online service.Sec. 2(a)(8) if— (i) for the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) described in subsection (a)(5)(A)(iii) (other than a search engine or a search component of a service), the provider has adopted and reasonably implemented, and has informed users of the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) of, a policy that provides for the termination in appropriate circumstances of account holders of the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) that are repeat violators of subsection (c)(2), provided that the failure to terminate a particular account holder in accordance with that policy shall subject the provider of the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) to potential liability only with respect to violating content posted by that account holder; and (ii) upon receiving a notification that satisfies the requirements under paragraph (3), the provider— (I) removes or disables access to the work embodying the claimed unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) or the product or service specifically identified in a notice sent under that paragraph, or, as applicable, the link or reference to the unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) or product or service, as soon as is technically and practically feasible for that provider; (II) for the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) described in clause (i) or (ii) of subsection (a)(5)(A), as soon as is technically and practically feasible for that provider, removes or disables access to all other publicly available instances of the work embodying the claimed unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) that— (aa) match the digital fingerprint of an unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) specifically identified in a notification sent under paragraph (3); and (bb) are uploaded after valid, applicable notice was submitted to, and processed by, the provider; and (III) takes reasonable steps to promptly notify the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6), and the end user that uploaded the material, that the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) removed or disabled access to the material.

(d)(2) 4 DESIGNATED AGENT.— (A) DESIGNATION.— (i) IN GENERAL.—A provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) described in clause (i) or (ii) of subsection (a)(5)(A) shall register a designated agent in accordance with this paragraph. (ii) CONTENTS.—To designate an agent under clause (i), the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) shall make available through the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5), including on the website of the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) in a location accessible to the public, and provide to the Copyright Office, substantially the following information: (I) The name, address, telephone number, and electronic mail address of the agent. (II) Other contact information that the Register of Copyrights may determine appropriate. (B) DIRECTORY.—The Register of Copyrights— (i) shall— (I) maintain a current directory of designated agents for the purposes of this paragraph; and (II) make the directory described in subclause (I) available to the public for inspection, including through the internet; and (ii) may require payment of a fee by the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) to cover the costs of maintaining the directory described in clause (i)(I). (C) EFFECT OF FAILURE TO DESIGNATE.—The failure of a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) described in subparagraph (A)(i) to register a designated agent under this paragraph shall establish that the provider has not undertaken a good faith effort to comply with this subsection.

(d)(3) 3 ELEMENTS OF NOTIFICATION.—To be effective under this subsection, a notification of a claimed violation of the right described in subsection (b) shall be a written communication provided to the designated agent of the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) that includes the following: (A) A physical or electronic signature of the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6), an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity authorized to act on behalf of the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6), or an eligible plaintiff under subsection (e)(1). (B) Identification of the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3), the voice or visual likeness of whom is at issue with respect to an unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) or a product or service described in subsection (c)(2)(B). (C) Identification of the material containing an unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) or a product or service described in subsection (c)(2)(B), including information sufficient to allow the provider to locate the identified material. (D) Information reasonably sufficient to permit the provider to contact the notifying party, such as an address, telephone number, and email address. (E) A statement that the notifying party believes in good faith that the material is an unauthorized use of a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) or a product or service described in subsection (c)(2)(B). (F) If not the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) or an eligible plaintiff under subsection (e)(1), a statement that the notifying party has the authority to act on behalf of the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6). (G) For the purposes of paragraph (1)(B), information reasonably sufficient to— (i) identify the reference or link to the material or activity claimed to be an unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2), or a product or service described in subsection (c)(2)(B), that is to be removed or to which access is to be disabled; and (ii) permit the provider to locate the reference or link described in clause (i).

(d)(4) 5 PENALTIES FOR FALSE OR DECEPTIVE NOTICE.— (A) KNOWING MATERIAL REPRESENTATIONS.— (i) IN GENERAL.—It shall be unlawful to knowingly materially misrepresent under paragraph (3)— (I) that the material requested to be removed is an unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); (II) that an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity has the authority to act on behalf of the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6); or (III) that a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) or a product or service described in subsection (c)(2)(B) is not authorized by the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) or by other law. (ii) FAILURE TO PERFORM GOOD FAITH REVIEW.—The failure to undertake a good faith review to determine whether material with respect to which notice is provided under paragraph (3) qualifies as a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) shall constitute a knowing material misrepresentation under this subparagraph. (B) PENALTIES.—In addition to a cause of action that is available under subsection (e), any individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity that violates subparagraph (A) of this paragraph shall be liable to the alleged violator that uploaded the applicable material, or the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) injured by the misrepresentation, for an amount equal to the greater of— (i) $25,000 per notification sent under paragraph (3) that contains a misrepresentation described in subparagraph (A) of this paragraph; or (ii) any actual damages, including costs and attorney's fees, incurred by the alleged violator, as well as by any provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) injured by the reliance of the provider on the misrepresentation in removing or disabling access to the material or activity claimed to be an unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2).

(e)(1)–(3) ELIGIBLE PLAINTIFFS.—A civil action against an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity that, in a manner affecting interstate commerce (or using any means or facility of interstate commerce), engages in an activity described in subsection (c)(2) may be brought by— (A) the applicable right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6); (B) if the applicable right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) is an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) who is younger than 18 years of age, a parent or guardian of that individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3); or (C) in the case of a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) involving a sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Sec. 2(a)(7), any individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity that has, directly or indirectly, entered into— (i) a contract for the exclusive personal services of the sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Sec. 2(a)(7) as a sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Sec. 2(a)(7); or (ii) an exclusive license to distribute or transmit 1 or more works that capture the audio performance of the sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Sec. 2(a)(7). (2) LIMITATIONS PERIOD.—A civil action may not be brought under this subsection unless the civil action is commenced not later than 3 years after the date on which the party seeking to bring the civil action discovered, or with due diligence should have discovered, the applicable violation. (3) DEFENSE NOT PERMITTED.—It shall not be a defense in a civil action brought under this subsection that the defendant displayed or otherwise communicated to the public a disclaimer stating that the applicable digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2), or the applicable product or service described in subsection (c)(2)(B), was unauthorized or disclosed that the digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2), product, or service was generated through the use of artificial intelligence or other technology.

(e)(4) REMEDIES.— (A) IN GENERAL.—In any civil action brought under this subsection— (i) an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity that engages in an activity described in subsection (c)(2)(A) shall be liable to the injured party in an amount equal to the greater of— (I)(aa) in the case of an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3), $5,000 per work embodying the applicable unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); (bb) in the case of a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) that has undertaken a good faith effort to comply with subsection (d), $25,000 per work embodying the applicable unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); (cc) in the case of a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) that has not undertaken a good faith effort to comply with subsection (d), $5,000 per display, copy made, transmission, and instance of the unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) being made available on the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) in a sum of not more than $750,000 per work embodying the applicable unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); and (dd) in the case of an entity that is not a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5), $25,000 per work embodying the applicable unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); or (II) any actual damages suffered by the injured party as a result of the activity, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages; (ii) an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity that engages in an activity described in subsection (c)(2)(B) shall be liable to the injured party in an amount equal to the greater of— (I)(aa) in the case of an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3), $5,000 per product or service; (bb) in the case of a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) that has undertaken a good faith effort to comply with subsection (d), $25,000 per product or service; (cc) in the case of a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) that has not undertaken a good faith effort to comply with subsection (d), $750,000 per product or service; or (dd) in the case of an entity that is not a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5), $25,000 per product or service; or (II) any actual damages suffered by the injured party as a result of the activity, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages; (iii) the plaintiff may seek injunctive or other equitable relief; (iv) in the case of willful activity in which the injured party has proven that the defendant acted with malice, fraud, knowledge, or willful avoidance of knowledge that the conduct violated the law, the court may award to the injured party punitive damages; and (v) if the prevailing party is— (I) the party bringing the action, the court shall award reasonable attorney's fees; or (II) the party defending the action, the court shall award reasonable attorney's fees if the court determines that the action was not brought in good faith. (B) OBJECTIVELY REASONABLE BELIEF.—A provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) that has designated an agent under subsection (d)(2) and has an objectively reasonable belief that material that is claimed to be an unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) does not qualify as a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) shall be liable only for actual damages under subparagraph (A) if the material is ultimately determined to be an unauthorized digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2). (C) REPLACEMENT OF REMOVED MATERIAL.—If the end user that uploaded the material that the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) has removed, or to which the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) has disabled access, brings an action in a court of the United States against the sender of a notification under subsection (d)(3) claiming that such notification was false or deceptive, as described in subsection (d)(4), the provider may, if the action is brought not later than 14 days after the end user receives notice that the provider has removed or disabled access to the material, restore the removed material to the network of the provider for access by members of the public without monetary liability therefor to either the notice sender or the end user that uploaded the material to which the provider had removed or disabled access.

(f)(1)–(4) SUBPOENA TO IDENTIFY VIOLATOR.— (1) REQUEST.—A right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6), an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity authorized to act on behalf of a right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6), or an eligible plaintiff under subsection (e)(1) may request the clerk of any district court of the United States to issue a subpoena to a provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) for identification of an alleged violator of this section in accordance with this subsection. (2) CONTENTS OF REQUEST.—A request under paragraph (1) may be made by filing with the clerk— (A) a copy of a notification described in subsection (d)(3); (B) a proposed subpoena; and (C) a sworn declaration to the effect that— (i) the purpose of the subpoena is to obtain the identity of an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) or entity alleged to be liable under subsection (c); and (ii) the information described in clause (i) will only be used for the purpose of protecting rights under this section. (3) CONTENTS OF SUBPOENA.—A subpoena issued under this subsection shall authorize and order the provider of the applicable online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) to expeditiously disclose to the party that sought the subpoena information sufficient to identify the alleged violator by virtue of the activity described in the notification to the extent that information is available to the provider of the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5). (4) BASIS FOR GRANTING SUBPOENA.—If a proposed subpoena under this subsection is in proper form, the applicable notification filed satisfies the requirements under subsection (d)(3), and the accompanying declaration is properly executed, the clerk shall expeditiously issue and sign the proposed subpoena and return the subpoena to the requester for delivery to the provider of the applicable online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5).

(g)(1)–(2) PREEMPTION.— (1) IN GENERAL.—The rights established under this Act shall preempt any cause of action under State law for the protection of an individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3)'s voice and visual likeness rights in connection with a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2), as defined in this Act, in an expressive work. (2) RULE OF CONSTRUCTION.—Notwithstanding paragraph (1), nothing in this Act may be construed to preempt— (A) causes of action under State statutes or common law in existence, as of January 2, 2025, regarding a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); (B) causes of action under State statutes specifically regulating a digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2) depicting sexually explicit conduct, as defined in section 2256(2)(A) of title 18, United States Code, or an election-related digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); or (C) causes of action under State statutes or common law in existence, as of January 2, 2025, for the distributing, importing, transmitting, or otherwise making available to the public a product or service capable of producing 1 or more digital replicasDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2).

(h)(1)–(2) RULES OF CONSTRUCTION.— (1) LAWS PERTAINING TO INTELLECTUAL PROPERTY.—This section shall be considered to be a law pertaining to intellectual property for the purposes of section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)). (2) NO DUTY TO MONITOR.—Except as expressly provided in subsection (d)(1)(B)(ii), nothing in this section may be construed to require the provider of an online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) to— (A) monitor the online serviceOnline service"Online service" (A) means— (i) any website, online application, mobile application, or virtual reality environment that predominantly provides public access to user uploaded material; (ii) any digital music provider to which section 115 of title 17, United States Code, applies that provides public access to user uploaded material if that digital music provider is not covered under clause (i); and (iii) any online application, mobile application, virtual reality environment, application store, search engine (including any feature that provides web search results), advertising service or network, online shopping service or platform, electronic commerce provider, mapping service, cloud storage service, or website hosting service or any other interactive computer service that is not covered under clause (i) and that provides public access to user uploaded material, but only if the provider of that interactive computer service has registered a designated agent with the Copyright Office under subsection (d)(2); and (B) does not include any website, online application, mobile application, virtual reality environment, application store, search engine, or cloud storage service that predominantly provides public access to user uploaded products or services, the primary function of which is to distribute, import, transmit, or otherwise make available to the public a product or service described in subsection (c)(2)(B).Sec. 2(a)(5) for, or affirmatively seek facts about, any digital replicaDigital replica"Digital replica" (A) means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that— (i) is embodied in a sound recording, image, audiovisual work, including an audiovisual work that does not have any accompanying sounds, or transmission— (I) in which the actual individual did not actually perform or appear; or (II) that is a version of a sound recording, image, or audiovisual work in which the actual individual did perform or appear, in which the fundamental character of the performance or appearance has been materially altered; and (B) does not include the electronic reproduction, use of a sample of one sound recording or audiovisual work into another, remixing, mastering, or digital remastering of a sound recording or audiovisual work authorized by the copyright holder.Sec. 2(a)(2); or (B) gain access to material.

(i) SEVERABILITY.—If any provision of this section, or the application of a provision of this section, is held to be invalid, the validity of the remainder of this section, and the application of that provision to other individualsIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3), entities, and circumstances, shall not be affected by that holding.

(j)(1)–(2) RETROACTIVE EFFECT.— (1) LIABILITIES.—Liability under this section shall apply only to— (A) conduct occurring after the date of enactment of this Act; and (B) in the case of conduct covered by a license or contract, a license or contract that is executed after the date of enactment of this Act. (2) DIGITAL REPLICATION RIGHT.—The right granted under subsection (b)— (A) shall apply to any individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3), regardless of whether the individualIndividual"Individual" means a human being, living or dead.Sec. 2(a)(3) dies before or after the date of enactment of this Act; and (B) in the case of a right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6) who has died before the date of enactment of this Act, shall vest in the executors, heirs, assigns, or devisees of the right holderRight holder"Right holder" means— (A) the individual, the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection (c)(2)(B); and (B) any other individual or entity that has acquired, through a license, inheritance, or otherwise, the right to authorize the use of the voice or visual likeness described in subparagraph (A).Sec. 2(a)(6).

(k) EFFECTIVE DATE.—This Act shall take effect on the date that is 180 days after the date of enactment of this Act.