WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
(1) The term 'individual's unique likenessIndividual's unique likenessThe term 'individual's unique likeness' means the set of personal traits owned by each U.S. citizen from birth or upon development or acquisition, including: (A) Name, including full legal name, nicknames, or stage names. (B) Image, including photographs, videos, digital representations, or any visual depictions. (C) Likeness, including physical appearance, body shape, movements, habits, or style. (D) Voice, including natural speaking or singing voice and any artificial intelligence-generated reproductions. (E) Biometric identifiers, including facial geometry, iris patterns, vocal timbre, gait, or fingerprints, when used to replicate or identify an individual for commercial purposes, excluding uses for law enforcement or national security. (F) Genetic markers, including DNA sequences or traits that could be used to replicate or misuse identity in commercial applications, such as artificial intelligence tools, with exemptions for medical or research purposes under applicable laws, including the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.). (G) Other related traits, including avatars, deepfakes, or digital replicas derived from the elements described in subparagraphs (A) through (F), encompassing artificial intelligence-generated identity data. The term 'unique likeness' shall be construed broadly to adapt to technological advancements.17 U.S.C. § 1401(1)' means the set of personal traits owned by each U.S. citizen from birth or upon development or acquisition, including: (A) Name, including full legal name, nicknames, or stage names. (B) Image, including photographs, videos, digital representations, or any visual depictions. (C) Likeness, including physical appearance, body shape, movements, habits, or style. (D) Voice, including natural speaking or singing voice and any artificial intelligence-generated reproductions. (E) Biometric identifiers, including facial geometry, iris patterns, vocal timbre, gait, or fingerprints, when used to replicate or identify an individual for commercial purposes, excluding uses for law enforcement or national security. (F) Genetic markers, including DNA sequences or traits that could be used to replicate or misuse identity in commercial applications, such as artificial intelligence tools, with exemptions for medical or research purposes under applicable laws, including the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.). (G) Other related traits, including avatars, deepfakes, or digital replicasDigital replicaThe term 'digital replica' means any computer-generated or technologically created representation that reproduces or simulates an individual's unique likeness without authorization, including deepfakes or synthetic media.17 U.S.C. § 1401(2) derived from the elements described in subparagraphs (A) through (F), encompassing artificial intelligence-generated identity data. The term 'unique likeness' shall be construed broadly to adapt to technological advancements.
(2) The term 'digital replicaDigital replicaThe term 'digital replica' means any computer-generated or technologically created representation that reproduces or simulates an individual's unique likeness without authorization, including deepfakes or synthetic media.17 U.S.C. § 1401(2)' means any computer-generated or technologically created representation that reproduces or simulates an individual's unique likenessIndividual's unique likenessThe term 'individual's unique likeness' means the set of personal traits owned by each U.S. citizen from birth or upon development or acquisition, including: (A) Name, including full legal name, nicknames, or stage names. (B) Image, including photographs, videos, digital representations, or any visual depictions. (C) Likeness, including physical appearance, body shape, movements, habits, or style. (D) Voice, including natural speaking or singing voice and any artificial intelligence-generated reproductions. (E) Biometric identifiers, including facial geometry, iris patterns, vocal timbre, gait, or fingerprints, when used to replicate or identify an individual for commercial purposes, excluding uses for law enforcement or national security. (F) Genetic markers, including DNA sequences or traits that could be used to replicate or misuse identity in commercial applications, such as artificial intelligence tools, with exemptions for medical or research purposes under applicable laws, including the Genetic Information Nondiscrimination Act of 2008 (42 U.S.C. 2000ff et seq.). (G) Other related traits, including avatars, deepfakes, or digital replicas derived from the elements described in subparagraphs (A) through (F), encompassing artificial intelligence-generated identity data. The term 'unique likeness' shall be construed broadly to adapt to technological advancements.17 U.S.C. § 1401(1) without authorization, including deepfakes or synthetic media.
(3) The term 'ownerOwnerThe term 'owner' means the U.S. citizen to whom the unique likeness belongs, or their authorized licensee, heir, or assignee after death.17 U.S.C. § 1401(3)' means the U.S. citizen to whom the unique likeness belongs, or their authorized licensee, heir, or assignee after death.
(4) The term 'platformPlatformThe term 'platform' means any interactive computer service as defined in section 230(f)(2) of the Communications Act of 1934 (47 U.S.C. 230(f)(2)) that hosts user-generated content.17 U.S.C. § 1401(4)' means any interactive computer service as defined in section 230(f)(2) of the Communications Act of 1934 (47 U.S.C. 230(f)(2)) that hosts user-generated content.
Section 1401 establishes the foundational definitions for the new federal likeness-rights regime. The definition of individual's unique likeness is unusually broad, encompassing not just traditional right-of-publicity elements (name, image, likeness, voice) but also biometric identifiers, genetic markers, and any AI-generated identity data including deepfakes and avatars. The term is expressly directed to be construed broadly to adapt to technological advancements. Digital replica captures any unauthorized computer-generated reproduction of a person's unique likeness, including deepfakes and synthetic media. The platform definition incorporates Section 230's interactive-computer-service definition, tying the statute to the existing internet-intermediary framework.
(a) 1 The ownerOwnerThe term 'owner' means the U.S. citizen to whom the unique likeness belongs, or their authorized licensee, heir, or assignee after death.17 U.S.C. § 1401(3) has the exclusive right to reproduce, distribute, publicly display, perform, or create derivative works based on their unique likeness. This prohibits unauthorized digital replicasDigital replicaThe term 'digital replica' means any computer-generated or technologically created representation that reproduces or simulates an individual's unique likeness without authorization, including deepfakes or synthetic media.17 U.S.C. § 1401(2) or synthetic media.
(b) The rights under this chapter endure for the life of the individual plus 50 years after death, regardless of commercial exploitation during life.
(c) These rights apply to U.S. citizens and activities affecting interstate commerce. Rights are inalienable except through voluntary waiver or license by the ownerOwnerThe term 'owner' means the U.S. citizen to whom the unique likeness belongs, or their authorized licensee, heir, or assignee after death.17 U.S.C. § 1401(3). Ownership vests automatically without registration.
Section 1402 establishes the core exclusive-rights grant. Owners receive rights analogous to copyright — the exclusive right to reproduce, distribute, publicly display, perform, or create derivative works based on their unique likeness. This effectively prohibits any unauthorized digital replica or synthetic media depicting a U.S. citizen. Rights endure for life plus 50 years regardless of whether the individual commercially exploited their likeness during life. The rights are inalienable (cannot be sold outright) but may be waived or licensed voluntarily, and vest automatically without registration — a significant departure from trademark or patent models.
(a)(1)–(3) The rights under this chapter do not apply to: (1) Non-commercial uses qualifying as fair use under section 107 of this title, including parody, satire, caricature, criticism, news reporting, scholarly commentary, transformative artistic works, incidental inclusions, or public domain elements. (2) Government activities, including law enforcement or national security. (3) Activities protected by the First Amendment to the United States Constitution, consistent with judicial precedents.
(b) This chapter does not affect uses authorized before the effective date.
Section 1403 carves out three categories of protected activity from the exclusive-rights grant: non-commercial fair uses (incorporating the existing fair-use framework of 17 U.S.C. § 107 and specifically naming parody, satire, caricature, criticism, news reporting, scholarly commentary, transformative artistic works, incidental inclusions, and public domain elements); government activities including law enforcement and national security; and activities protected by the First Amendment consistent with judicial precedents. Subsection (b) provides that the chapter does not apply retroactively to uses authorized before the effective date.
(a)(1)–(4) An ownerOwnerThe term 'owner' means the U.S. citizen to whom the unique likeness belongs, or their authorized licensee, heir, or assignee after death.17 U.S.C. § 1401(3) may bring a civil action in Federal district court for: (1) Injunctive relief to prevent or restrain violations. (2) Takedown orders for unauthorized content. (3) Actual damages or statutory damages of not less than $750 nor more than $30,000 per violation, as the court considers just. (4) In cases of willful violation, up to $150,000 in statutory damages. No proof of economic or reputational harm is required; harm is presumed.
(b) 2 A platformPlatformThe term 'platform' means any interactive computer service as defined in section 230(f)(2) of the Communications Act of 1934 (47 U.S.C. 230(f)(2)) that hosts user-generated content.17 U.S.C. § 1401(4) is liable if it fails to remove unauthorized content after receiving a valid takedown notice, but may qualify for safe harbor protection if it acts in good faith, consistent with section 512 of this title (Digital Millennium Copyright Act).
(c) This chapter provides only civil remedies.
Section 1404 establishes the enforcement framework. Owners may bring civil actions in federal district court seeking injunctive relief, takedown orders, and either actual or statutory damages. The statutory damages range is $750–$30,000 per violation, escalating to $150,000 for willful violations — with harm presumed and no proof of economic or reputational injury required. Platforms are subject to a notice-and-takedown regime: a platform is liable if it fails to remove unauthorized content after receiving a valid takedown notice, but may invoke a DMCA-style safe harbor under 17 U.S.C. § 512 if it acts in good faith. The statute provides only civil remedies — no criminal penalties.
(a) This chapter preempts any State law that provides equivalent rights or remedies for unique likeness, to ensure uniformity.
(b) If any provision of this chapter is held invalid, the remainder shall not be affected.
Section 1405 expressly preempts any state law providing equivalent rights or remedies for unique likeness, establishing this federal statute as the uniform national standard. This would displace state right-of-publicity statutes (such as California Civil Code § 3344, New York Civil Rights Law § 50–51, and Tennessee's ELVIS Act) to the extent they provide equivalent protections. The severability clause ensures that if any provision is struck down, the remainder survives.
This Act takes effect 90 days after the date of enactment.
The Act takes effect 90 days after the date of enactment, providing a compliance runway for platforms and other entities to implement takedown procedures for unique-likeness claims.