Congress finds that recent advancements in artificial intelligence (AI) technology and the development of deepfake software have adversely affected individualsIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)' ability to protect their voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) and likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) from misappropriation, including: (1) On or around April 4, 2023, AI technology was used to create the song titled ''Heart on My Sleeve,'' emulating the voices of recording artists Drake and The Weeknd. It reportedly received more than 11 million views. (2) On or around October 1, 2023, AI technology was used to create a false endorsement featuring Tom Hanks' face in an advertisement for a dental plan. (3) From October 16 to 20, 2023, AI technology was used to create false, nonconsensual intimate images of high school girls in Westfield, New Jersey. (4) In fall 2023, AI technology was used to create the song titled ''Demo #5: nostalgia,'' manipulating the voices of Justin Bieber, Daddy Yankee and Bad Bunny. It reportedly received 22 million views on Tik Tok and 1.2 million views on YouTube. (5) A Department of Homeland Security report titled the ''Increasing Threat of Deepfake Identities'' states that as of October 2020, researchers had reported more than 100,000 computer-generated fake nude images of women created without their consent or knowledge. (6) According to Pew Research Center, approximately 63 percent of American say made-up or altered videos create confusion about the basic facts of current issues.

(1)–(7) The term ''individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)'' means a human being, living or dead. (2) The term ''digital depictionDigital depictionThe term "digital depiction" means a replica, imitation, or approximation of the likeness of an individual that is created or altered in whole or in part using digital technology.§ 3(a)(2)'' means a replica, imitation, or approximation of the likeness of an individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) that is created or altered in whole or in part using digital technologyDigital technologyThe term "digital technology" means a technology or device now known or hereafter created such as computer software, artificial intelligence, machine learning, quantum computing, or other similar technologies or devices.§ 3(a)(7). (3) The term ''personalized cloning servicePersonalized cloning serviceThe term "personalized cloning service" means an algorithm, software, tool, or other technology, service, or device the primary purpose or function of which is to produce one or more digital voice replicas or digital depictions of particular, identified individuals.§ 3(a)(3)'' means an algorithm, software, tool, or other technology, service, or device the primary purpose or function of which is to produce one or more digital voice replicasDigital voice replicaThe term "digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individual that the individual did not actually perform.§ 3(a)(4) or digital depictions of particular, identified individualsIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1). (4) The term ''digital voice replicaDigital voice replicaThe term "digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individual that the individual did not actually perform.§ 3(a)(4)'' means an audio rendering that is created or altered in whole or in part using digital technologyDigital technologyThe term "digital technology" means a technology or device now known or hereafter created such as computer software, artificial intelligence, machine learning, quantum computing, or other similar technologies or devices.§ 3(a)(7) and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) that the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) did not actually perform. (5) The term ''voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5)'' means sounds in any medium containing the actual voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or a simulation of the voice of an individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1), whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technologyDigital technologyThe term "digital technology" means a technology or device now known or hereafter created such as computer software, artificial intelligence, machine learning, quantum computing, or other similar technologies or devices.§ 3(a)(7), service, or device, to the extent that the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) depicted or simulated is readily identifiable from the sound of the voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or simulation of the voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5), or from other information displayed in connection therewith. (6) The term ''likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6)'' means the actual or simulated image or likeness of an individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1), regardless of the means of creation, that is readily identifiable as the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) by virtue of the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)'s face, likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6), or other distinguishing characteristic, or from other information displayed in connection with the likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6). (7) The term ''digital technologyDigital technologyThe term "digital technology" means a technology or device now known or hereafter created such as computer software, artificial intelligence, machine learning, quantum computing, or other similar technologies or devices.§ 3(a)(7)'' means a technology or device now known or hereafter created such as computer software, artificial intelligence, machine learning, quantum computing, or other similar technologies or devices.

(1)–(3) IN GENERAL.—Every individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) has a property right in their own likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) and voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5). (2) EXTENT.—The rights provided for in paragraph (1) constitute intellectual property rights and are freely transferable and descendible, in whole or in part, and do not expire upon the death of the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1), whether or not such rights were commercially exploited by the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) during the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)'s lifetime. (3) TRANSFERABILITY.—The rights provided for in paragraph (1) shall be exclusive to the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1), subject to the transfer of such rights as provided in paragraph (2), during such individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)'s lifetime and to the executors, heirs, transferees, or devisees for a period of ten years after the death of the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1), and shall be terminated by— (A) proof of the non-use of the likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) or voice of any individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) for commercial purposes by an executor, transferee, heir, or devisee to such use for a period of two years subsequent to the initial ten-year period following the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)'s death; or (B) the death of all executors, transferees, heirs, or devisees.

(4) 1 VALIDITY OF USE.—An agreement authorizing the use of a digital depictionDigital depictionThe term "digital depiction" means a replica, imitation, or approximation of the likeness of an individual that is created or altered in whole or in part using digital technology.§ 3(a)(2) or digital voice replicaDigital voice replicaThe term "digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individual that the individual did not actually perform.§ 3(a)(4) for a new performance of the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) in an advertisement or expressive work shall be valid only if— (A) the applicable individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) was— (i) represented by counsel in the transaction and the agreement was in writing; and (ii) 18 years of age or older at the time of entry into the agreement, or, if under 18 years of age at that time, the agreement is approved by a court in accordance with applicable State law; or (B) the terms of the agreement are governed by a collective bargaining agreement.

(1)(A) 2 Any person or entity who, in a manner affecting interstate or foreign commerce (or using any means or facility of interstate or foreign commerce), and without consent of the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) holding the voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) rights affected thereby— (A) distributes, transmits, or otherwise makes available to the public a personalized cloning servicePersonalized cloning serviceThe term "personalized cloning service" means an algorithm, software, tool, or other technology, service, or device the primary purpose or function of which is to produce one or more digital voice replicas or digital depictions of particular, identified individuals.§ 3(a)(3);

(1)(B) 3 publishes, performs, distributes, transmits, or otherwise makes available to the public a digital voice replicaDigital voice replicaThe term "digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individual that the individual did not actually perform.§ 3(a)(4) or digital depictionDigital depictionThe term "digital depiction" means a replica, imitation, or approximation of the likeness of an individual that is created or altered in whole or in part using digital technology.§ 3(a)(2) with knowledge that the digital voice replicaDigital voice replicaThe term "digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individual that the individual did not actually perform.§ 3(a)(4) or digital depictionDigital depictionThe term "digital depiction" means a replica, imitation, or approximation of the likeness of an individual that is created or altered in whole or in part using digital technology.§ 3(a)(2) was not authorized by the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) holding the voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) rights affected thereby; or

(1)(C) 4 materially contributes to, directs, or otherwise facilitates any of the conduct proscribed in subparagraph (A) or (B) with knowledge that the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) holding the affected voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) rights has not consented to the conduct, shall be liable for damages as set forth in paragraph (2).

(2)(A)–(E) REMEDIES.—In any action brought under this section, the following shall apply: (A) The person or entity who violated the section shall be liable to the injured party or parties in an amount equal to the greater of— (i) in the case of an unauthorized distribution, transmission, or other making available of a personalized cloning servicePersonalized cloning serviceThe term "personalized cloning service" means an algorithm, software, tool, or other technology, service, or device the primary purpose or function of which is to produce one or more digital voice replicas or digital depictions of particular, identified individuals.§ 3(a)(3), fifty thousand dollars ($50,000) per violation or the actual damages suffered by the injured party or parties as a result of the unauthorized use, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages; and (ii) in the case of an unauthorized publication, performance, distribution, transmission, or other making available of a digital voice replicaDigital voice replicaThe term "digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individual that the individual did not actually perform.§ 3(a)(4) or digital depictionDigital depictionThe term "digital depiction" means a replica, imitation, or approximation of the likeness of an individual that is created or altered in whole or in part using digital technology.§ 3(a)(2), five thousand dollars ($5,000) per violation or the actual damages suffered by the injured party or parties as a result of the unauthorized use, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. (B) In establishing profits under this subdivision, the injured party or parties shall be required only to present proof of the gross revenue attributable to the unauthorized use, and the person or entity who violated this section shall be required to prove his or her expenses deductible therefrom. (C) Punitive damages and reasonable attorneys' fees may also be awarded to the injured party or parties. (D) It shall not be a defense to an allegation of a violation of paragraph (1) that the unauthorized user displayed or otherwise communicated to the public a disclaimer stating that the digital depictionDigital depictionThe term "digital depiction" means a replica, imitation, or approximation of the likeness of an individual that is created or altered in whole or in part using digital technology.§ 3(a)(2), digital voice replicaDigital voice replicaThe term "digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individual that the individual did not actually perform.§ 3(a)(4), or personalized cloning servicePersonalized cloning serviceThe term "personalized cloning service" means an algorithm, software, tool, or other technology, service, or device the primary purpose or function of which is to produce one or more digital voice replicas or digital depictions of particular, identified individuals.§ 3(a)(3) was unauthorized or that the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) rights owner did not participate in the creation, development, distribution, or dissemination of the unauthorized digital depictionDigital depictionThe term "digital depiction" means a replica, imitation, or approximation of the likeness of an individual that is created or altered in whole or in part using digital technology.§ 3(a)(2), digital voice replicaDigital voice replicaThe term "digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individual that the individual did not actually perform.§ 3(a)(4), or personalized cloning servicePersonalized cloning serviceThe term "personalized cloning service" means an algorithm, software, tool, or other technology, service, or device the primary purpose or function of which is to produce one or more digital voice replicas or digital depictions of particular, identified individuals.§ 3(a)(3). (E) An action to enforce this section may be brought by— (i) the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) whose voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) is at issue; (ii) any other person or entity to which the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) has assigned or exclusively licensed their voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) rights; or (iii) in the case of an individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) who performs music as a profession, and has not authorized the use at issue, by any person or entity that has entered into a contract for the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)'s exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)'s audio performances.

FIRST AMENDMENT DEFENSE.—First Amendment protections shall constitute a defense to an alleged violation of subsection (c). In evaluating any such defense, the public interest in access to the use shall be balanced against the intellectual property interest in the voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6). Factors to be considered may include whether— (1) the use is commercial; (2) the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) whose voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) is at issue is necessary for and relevant to the primary expressive purpose of the work in which the use appears; and (3) the use competes with or otherwise adversely affects the value of the work of the owner or licensee of the voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) rights at issue.

(1)–(4) LIMITATION.— (1) IN GENERAL.—A person or entity who uses an individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)'s voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) in a manner that violates subsection (c) shall not be liable if the harmHarmFor purposes of this section, the term "harm" includes— (A) financial or physical injury, or an elevated risk of such injury, to any person whose voice or likeness rights are affected by the conduct at issue; (B) severe emotional distress of any person whose voice or likeness is used without consent; and (C) a likelihood that the use deceives the public, a court, or tribunal.§ 3(e)(2) caused by such conduct is negligible. (2) HARMHarmFor purposes of this section, the term "harm" includes— (A) financial or physical injury, or an elevated risk of such injury, to any person whose voice or likeness rights are affected by the conduct at issue; (B) severe emotional distress of any person whose voice or likeness is used without consent; and (C) a likelihood that the use deceives the public, a court, or tribunal.§ 3(e)(2).—For purposes of this section, the term ''harmHarmFor purposes of this section, the term "harm" includes— (A) financial or physical injury, or an elevated risk of such injury, to any person whose voice or likeness rights are affected by the conduct at issue; (B) severe emotional distress of any person whose voice or likeness is used without consent; and (C) a likelihood that the use deceives the public, a court, or tribunal.§ 3(e)(2)'' includes— (A) financial or physical injury, or an elevated risk of such injury, to any person whose voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) rights are affected by the conduct at issue; (B) severe emotional distress of any person whose voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) is used without consent; and (C) a likelihood that the use deceives the public, a court, or tribunal. (3) PER SE HARMHarmFor purposes of this section, the term "harm" includes— (A) financial or physical injury, or an elevated risk of such injury, to any person whose voice or likeness rights are affected by the conduct at issue; (B) severe emotional distress of any person whose voice or likeness is used without consent; and (C) a likelihood that the use deceives the public, a court, or tribunal.§ 3(e)(2).—Any digital depictionDigital depictionThe term "digital depiction" means a replica, imitation, or approximation of the likeness of an individual that is created or altered in whole or in part using digital technology.§ 3(a)(2) or digital voice replicaDigital voice replicaThe term "digital voice replica" means an audio rendering that is created or altered in whole or in part using digital technology and is fixed in a sound recording or audiovisual work which includes replications, imitations, or approximations of an individual that the individual did not actually perform.§ 3(a)(4) which includes child sexual abuse material, is sexually explicit, or includes intimate images constitutes harmHarmFor purposes of this section, the term "harm" includes— (A) financial or physical injury, or an elevated risk of such injury, to any person whose voice or likeness rights are affected by the conduct at issue; (B) severe emotional distress of any person whose voice or likeness is used without consent; and (C) a likelihood that the use deceives the public, a court, or tribunal.§ 3(e)(2). (4) BALANCE OF EQUITIES.—Except when paragraph (3) applies, alleged harmsHarmFor purposes of this section, the term "harm" includes— (A) financial or physical injury, or an elevated risk of such injury, to any person whose voice or likeness rights are affected by the conduct at issue; (B) severe emotional distress of any person whose voice or likeness is used without consent; and (C) a likelihood that the use deceives the public, a court, or tribunal.§ 3(e)(2) shall be weighed against— (A) whether the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) whose voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5) or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6) is at issue is necessary for and relevant to the primary expressive purpose of the work in which the use appears; (B) whether the use is transformative; and (C) whether the use constitutes constitutionally protected commentary on a matter of public concern.

LIMITATIONS PERIOD.—No civil action shall be maintained under the provisions of this Act unless it is commenced within four years after the party seeking to bring the claim discovered, or with due diligence should have discovered, the violation.

NO PREEMPTION.—Nothing in this Act shall be construed to limit any rights an individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) may have under any other law providing protections against the unauthorized use of an individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1)'s name, voiceVoiceThe term "voice" means sounds in any medium containing the actual voice or a simulation of the voice of an individual, whether recorded or generated by computer, artificial intelligence, algorithm, or other digital technology, service, or device, to the extent that the individual depicted or simulated is readily identifiable from the sound of the voice or simulation of the voice, or from other information displayed in connection therewith.§ 3(a)(5), or likenessLikenessThe term "likeness" means the actual or simulated image or likeness of an individual, regardless of the means of creation, that is readily identifiable as the individual by virtue of the individual's face, likeness, or other distinguishing characteristic, or from other information displayed in connection with the likeness.§ 3(a)(6).

SEVERABILITY.—If any provision of this Act, or the application thereof, is held invalid, the validity of the remainder of this Act and the application of such provision to other persons and circumstances shall not be affected thereby.

CONSTRUCTION.—Nothing in this Act shall alter the application by a court of First Amendment protections in the event such a defense is asserted to subsection (c).

APPLICATION.—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)).

EFFECTIVE DATE.—This Act shall be effective 180 days after the enactment of this Act, and shall apply regardless of whether the individualIndividualThe term "individual" means a human being, living or dead.§ 3(a)(1) has died before such effective date.