,i #aaith ,,congress #b;d ,session ,h4 ,r4 #hcbc ,,in ,,the ,,house ,,of ,,representatives ,april #af1 #bjbf,mr4 ,biggs of ,arizona introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ag1 ,united ,states ,code1 to establish sovereign ownership rights in unique likeness for ,u4,s4 citizens1 to protect against unauthorized digital replications and abuses1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sovereign ,ownership of ,unique ,likeness ,act of #bjbf or the ,,soul ,act of #bjbf4 #b4 ,amendment to title #ag1 ,united ,states ,code ,title #ag1 ,united ,states ,code1 is amended by adding at the end the following new chapter3 #ad ,sovereign ,ownership of ,unique ,likeness #adja4 ,definitions4 #adjb4 ,rights granted4 #adjc4 ,exceptions and limitations4 #adjd4 ,remedies and enforcement4 #adje4 ,preemption and severability4 #adja4 ,definitions ,in this chapter3 7#a7 ,individual's unique likeness ,the term individual's unique likeness means the set of personal traits owned by each ,u4,s4 citizen from birth or upon development or acquisition1 including3 7,a7 ,name1 including full legal name1 nicknames1 or stage names4 7,b7 ,image1 including photographs1 videos1 digital representations1 or any visual depictions4 7,c7 ,likeness1 including physical appearance1 body shape1 movements1 habits1 or style4 7,d7 ,voice1 including natural speaking or singing voice and any artificial intelligence-generated reproductions4 7,e7 ,biometric identifiers1 including facial geometry1 iris patterns1 vocal timbre1 gait1 or fingerprints1 when used to replicate or identify an individual for commercial purposes1 excluding uses for law enforcement or national security4 7,f7 ,genetic markers1 including ,,dna sequences or traits that could be used to replicate or misuse identity in commercial applications1 such as artificial intelligence tools1 with exemptions for medical or research purposes under applicable laws1 including the ,genetic ,information ,nondiscrimination ,act of #bjjh 7#db ,u4,s4,c4 #bjjj;ff et seq474 7,g7 ,other related traits1 including avatars1 deepfakes1 or digital replicas derived from the elements described in subparagraphs 7,a7 through 7,f71 encompassing artificial intelligence-generated identity data4 ,the term unique likeness shall be construed broadly to adapt to technological advancements4 7#b7 ,digital replica ,the term digital replica means any computer-generated or technologically created representation that reproduces or simulates an individual's unique likeness without authorization1 including deepfakes or synthetic media4 7#c7 ,owner ,the term owner means the ,u4,s4 citizen to whom the unique likeness belongs1 or their authorized licensee1 heir1 or assignee after death4 7#d7 ,platform ,the term platform means any interactive computer service as defined in section #bcj7;f77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f77#b77 that hosts user-generated content4 #adjb4 ,rights granted 7a7 ,exclusive rights ,the owner has the exclusive right to reproduce1 distribute1 publicly display1 perform1 or create derivative works based on their unique likeness4 ,this prohibits unauthorized digital replicas or synthetic media4 7b7 ,duration ,the rights under this chapter endure for the life of the individual plus #ej years after death1 regardless of commercial exploitation during life4 7c7 ,scope ,these rights apply to ,u4,s4 citizens and activities affecting interstate commerce4 ,rights are inalienable except through voluntary waiver or license by the owner4 ,ownership vests automatically without registration4 #adjc4 ,exceptions and limitations 7a7 ,exemptions ,the rights under this chapter do not apply to3 7#a7 ,non-commercial uses qualifying as fair use under section #ajg of this title1 including parody1 satire1 caricature1 criticism1 news reporting1 scholarly commentary1 transformative artistic works1 incidental inclusions1 or public domain elements4 7#b7 ,government activities1 including law enforcement or national security4 7#c7 ,activities protected by the ,first ,amendment to the ,united ,states ,constitution1 consistent with judicial precedents4 7b7 ,no retroactive application ,this chapter does not affect uses authorized before the effective date4 #adjd4 ,remedies and enforcement 7a7 ,civil remedies ,an owner may bring a civil action in ,federal district court for3 7#a7 ,injunctive relief to prevent or restrain violations4 7#b7 ,takedown orders for unauthorized content4 7#c7 ,actual damages or statutory damages of not less than #gej nor more than #cj1jjj per violation1 as the court considers just4 7#d7 ,in cases of willful violation1 up to #aej1jjj in statutory damages4 ,no proof of economic or reputational harm is required2 harm is presumed4 7b7 ,platform liability ,a platform is liable if it fails to remove unauthorized content after receiving a valid takedown notice1 but may qualify for safe harbor protection if it acts in good faith1 consistent with section #eab of this title 7,digital ,millennium ,copyright ,act74 7c7 ,no criminal penalties ,this chapter provides only civil remedies4 #adje4 ,preemption and severability 7a7 ,preemption ,this chapter preempts any ,state law that provides equivalent rights or remedies for unique likeness1 to ensure uniformity4 7b7 ,severability ,if any provision of this chapter is held invalid1 the remainder shall not be affected4 4 #c4 ,effective date ,this ,act takes effect #ij days after the date of enactment4