,i  #aahth ,,congress  #b;d ,session    
,h4 ,r4 #ajeej  ,,in ,,the ,,house ,,of 
,,representatives  ,december #bj1       
#bjbd,mr4 ,issa 7for himself1 ,mr4      
,obernolte1 and ,mr4 ,cline7 introduced 
the following bill2 which was referred  
to the ,committee on the ,judiciary  ,a 
,,bill  ,to amend the ,trademark ,act of
 #aidf to clarify the applicability of  
,federal trademark law in the area of   
digital replicas of identifying         
characteristics of individuals1 and for 
other purposes4  #a4 ,short title ,this 
,act may be cited as the ,preventing    
,abuse of ,digital ,replicas ,act4  #b4 
,applicability of ,federal trademark law
 in the area of digital replicas of     
identifying characteristics of          
individuals  7a7 ,in general ,section   
#dc of the ,trademark ,act of #aidf 7#ae
 ,u4,s4,c4 #aabe7 is amended--  7#a7 in 
subsection 7a7-- 7,a7 in paragraph 7#a71
 by striking or device1 and inserting   
device1 or digital replica12 and  7,b7  
by adding at the end the following3     

7#d7 ,in a civil action brought pursuant
 to paragraph 7#a77;,a7 for the use of a
 digital replica by a person on or in   
connection with any goods or services1  
or any container for goods there shall  
be a rebuttable presumption that such   
use is likely to cause confusion1 or to 
cause mistake1 or to deceive as to the  
affiliation1 connection1 or association 
of such person with another person1 or  
as to the origin1 sponsorship1 or       
approval of his or her goods1 services1 
or commercial activities by another     
person4  7#e7 ,a person shall not be    
liable in a civil action brought        
pursuant to paragraph 7#a77;,a7 for the 
use of a digital replica on or in       
connection with any goods or services1  
or any container for goods if such use  
is-- 7,a7 for bona fide news1 public    
affairs1 or sports broadcast or account1
 or any portion thereof2  7,b7 for bona 
fide commentary1 criticism1 satire1 or  
parody1 or any portion thereof2  7,c7   
for bona fide scholarship or educational

 purposes2  7,d7 a creative work1 the   
character and purpose of which is       
primarily expressive or artistic in     
nature rather than commercial1 or any   
portion thereof2  7,e7 otherwise        
protected by the ,first ,amendment to   
the ,constitution of the ,united        
,states2 or  7,f7 any combination of the
 above4  7#f7 ,with the exception of    
relief sought under sections #cb and    
#dc7;c7 of this ,act1 section #eja of   
title #ag1 and section #bga of title    
#ce1 a person may not seek relief under 
any other provision of ,federal1 ,state1
 local1 or municipal law for any use of 
a digital replica for which the person  
files a civil action asserting liability
 under this section and relies upon the 
rebuttable presumption in paragraph 7#d7
 in a pleading1 dispositive motion1     
response to a dispositive motion1 or at 
trial on the merits2 and  7#g7 ,this    
subsection shall be considered a law    
pertaining to intellectual property for 
the purposes of section #bcj7;e7 of the 

,communications ,act of #aicd 7#dg      
,u4,s4,c4 #bcj74  7#h7 ,in this         
subsection--  7,a7 the term digital     
replica means computer-generated        
representation of an identifying        
characteristic of a subject person1 who 
at the time of the use of the           
representation is a living individual   
human being1 where-- 7i7 the identifying
 characteristic is an image1 voice1     
likeness1 or other characteristic of the
 subject person1 or a characteristic of 
the creative works of the subject       
person1 that is distinctive to the      
subject person such that the use of such
 characteristic is likely to be         
associated with the subject person and  
no other person by reasonable and       
ordinary participants in the relevant   
industry or market2  7ii7 the           
representation is identical with1 or    
substantially indistinguishable from1   
the actual identifying characteristic of
 the subject person from the perspective
 of reasonable and ordinary participants

 in the relevant industry or market2 and
  7iii7 based on the representation     
itself1 it is apparent to reasonable and
 ordinary participants in the relevant  
industry or market that the purpose of  
the representation1 in whole or in part1
 was to duplicate the identifying       
characteristic of the subject person2   
and  7,b7 the term 8relevant industry or
 market0 means the industry or market   
for the goods or services that are the  
subject of the civil action brought     
pursuant to paragraph 7#a77;,a74  4  7b7
 ,rule of construction ,nothing in this 
,act1 or the amendments made by this    
,act1 may be construed so as to limit   
the scope of section #dc of the         
,trademark ,act of #aidf 7#ae ,u4,s4,c4 
#aabe7 as such section existed prior to 
the enactment of this ,act4  7c7        
,application ,this ,act1 and the        
amendments made by this ,act1 shall     
apply only to a civil action-- 7#a7     
brought pursuant to section #dc7;a7 of  
the ,trademark ,act of #aidf after the  

date of the enactment of this ,act2 and 
7#b7 for the use of a digital replica on
 or in connection with any goods or     
services1 or any container for goods1   
after the date of the enactment of this 
,act4  7d7 ,severability ,if any        
provision of this ,act1 or the          
application thereof to any person or    
circumstance1 is held invalid1 the      
remainder of the ,act1 and the          
application of such provision to other  
persons or circumstances shall not be   
affected thereby4  7e7 ,definition ,in  
this section1 the term ,trademark ,act  
of #aidf means the ,act entitled ,an    
,act to provide for the registration and
 protection of trademarks used in       
commerce1 to carry out the provisions of
 certain international conventions1 and 
for other purposes1 approved ,july #e1  
#aidf4