,i #aaith ,,congress #b;d ,session ,h4 ,r4 #iaab ,,in ,,the ,,house ,,of ,,representatives ,june #b1 #bjbf,ms4 ,van ,duyne 7for herself1 ,ms4 ,clarke of ,new ,york1 and ,mrs4 ,foushee7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to provide visuals artists the exclusive right to authorize the commercial exploitation1 or public distribution in or affecting interstate commerce of a stylistic impersonation of that visual artist1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,creative ,rights ,ensuring ,artists' ,technique and ,originality are ,reserved ,act or the ,,creator ,act4 #b4 ,right against stylistic impersonation 7a7 ,grant of right ,subject to the limitations and exclusions of this ,act1 each visual artist or right holder shall have the exclusive right to authorize the commercial exploitation1 or public distribution in or affecting interstate commerce of a stylistic impersonation of that visual artist4 7b7 ,nature of the right ,the right established under this section-- 7#a7 is a ,federal intellectual property right distinct from copyright and trademark2 7#b7 does not extend to ideas1 concepts1 genres1 artistic movements1 commonly used visual styles1 or artistic methods that are not publicly associated with the work of a visual artist2 7#c7 applies only to deliberate stylistic impersonation as defined in this ,act2 7#d7 shall not be construed to prohibit general artistic influence1 independent human authorship1 or non-material artificial intelligence assistance2 and 7#e7 is licensable and assignable1 in whole or in part1 on an exclusive basis by written agreement4 7c7 ,duration and registration 7#a7 ,living visual artists ,for a living visual artist1 the right shall subsist for the life of the visual artist4 7#b7 ,deceased visual artists ,for a deceased visual artist1 the right shall subsist for #aj years after death and may be renewed in #e-year increments1 up to a maximum of #ej years after death4 7#c7 ,renewal ,renewal of a post-mortem right shall be effective only upon filing a notice with the ,register of ,copyrights identifying-- 7,a7 the deceased artist2 7,b7 the right holder2 and 7,c7 such additional information as the ,register of ,copyrights may reasonably require4 7d7 ,directory of post-,mortem rights ,the ,register of ,copyrights shall maintain a publicly accessible online directory of registered post-mortem rights under this ,act4 7e7 ,rule of construction ,nothing in this ,act shall be construed to limit the ability of a visual artist or right holder to authorize conduct that would otherwise constitute stylistic impersonation under this ,act4 #c4 ,liability 7a7 ,conduct giving rise to liability ,a person shall be liable under this ,act only if1 in or affecting interstate commerce1 the person knowingly engages in one of the following acts without authorization3 7#a7 ,offering for sale1 selling1 licensing1 publicly distributing1 or otherwise commercially exploiting a stylistic impersonation of a visual artist4 7#b7 ,developing and expressly marketing for commercial distribution a product or service that is both-- 7,a7 intentionally configured for the purpose of generating stylistic impersonations of one or more visual artists2 and 7,b7 promoted as capable of generating such stylistic impersonations4 7b7 ,protection for general-,purpose artificial intelligence systems 7#a7 ,in general ,the development1 distribution1 licensing1 or provision of a general-purpose artificial intelligence system shall not give rise to liability under this ,act unless the provider of the system is both-- 7,a7 intentionally configured the system for the purpose of generating stylistic impersonations of a specifically identified visual artist2 and 7,b7 expressly marketed the system as capable of generating such stylistic impersonations4 7#b7 ,exception for mere capability ,mere capability of a system to generate outputs resembling the distinctive visual characteristics of a visual artist1 or the independent actions of a user of a general-purpose artificial intelligence system1 shall not give rise to liability absent the conduct described in paragraph 7#a74 7c7 ,knowledge or notice requirement 7#a7 ,persons other than online services 7,a7 ,in general ,a person other than an online service shall be liable under subsection 7a7 only if the person knew1 or deliberately avoided confirming1 that the work met the definition of stylistic impersonation of a specifically identified visual artist under this ,act4 7,b7 ,limitation ,no person shall be deemed to have such knowledge solely by reason of the general capability of a system to generate outputs resembling the works of a visual artist4 7#b7 ,online services ,an online service shall not be liable for user-generated content unless1 after receipt of a valid notice under section #e or a court order1 the service knowingly fails to act expeditiously to remove or disable access to the user-generated content identified in the notice as constituting a stylistic impersonation4 #d4 ,exclusions 7a7 ,excluded activities ,the following uses shall not constitute a violation of this ,act1 provided that such uses do not involve the commercial exploitation of a stylistic impersonation intended to mislead as to source1 sponsorship1 or approval-- 7#a7 commentary1 criticism1 scholarship1 research1 or teaching2 7#b7 parody or satire that comments upon or critiques the identified visual artist or the distinctive visual characteristics at issue2 7#c7 historical1 biographical1 or documentary works1 including reasonable fictionalization1 where the use does not falsely suggest endorsement or authorization2 7#d7 news reporting or public affairs commentary in which reference to the distinctive visual characteristics is materially relevant to the subject matter2 and 7#e7 uses resulting in fleeting1 incidental1 or negligible resemblance that do not reproduce a material combination of distinctive visual characteristics4 7b7 ,obscenity ,nothing in this section shall be construed to exempt from liability the use of a stylistic impersonation in material that is obscene under applicable law4 #e4 ,online service safe harbors 7a7 ,limitation on liability for online services ,an online service shall not be liable for a violation under section #c arising from user-generated content if the service-- 7#a7 has designated an agent to receive notifications of claimed violations under this ,act2 7#b7 upon receipt of a valid notice under subsection 7b71 acts expeditiously to remove or disable access to the identified material2 and 7#c7 adopts and reasonably implements a policy providing for the termination1 in appropriate circumstances1 of repeat violators4 7b7 ,no requirement ,to monitor ,no online service shall be required to monitor user content proactively or to affirmatively seek facts indicating potential violations of this ,act4 7c7 ,notification requirements ,a notification of claimed violation under this ,act shall include-- 7#a7 identification of the visual artist whose work is allegedly impersonated2 7#b7 identification of the material claimed to constitute a stylistic impersonation2 7#c7 a statement that the notifying party has a good-faith belief that the use is not authorized2 and 7#d7 information reasonably sufficient to permit the online service to contact the notifying party4 7d7 ,counter-,notification and restoration 7#a7 ,submission ,a user whose material has been removed or disabled pursuant to a notification under this section may submit a counter-notification stating1 under penalty of perjury1 that the material was removed or disabled as a result of mistake or misidentification4 7#b7 ,notification ,upon receipt of a valid counter-notification1 the online service shall promptly notify the original notifying party4 7#c7 ,restoration ,the online service may restore the removed material not less than #aj business days and not more than #ad business days after receipt of the counter-notification unless the notifying party provides notice that a civil action has been filed seeking a court order restraining the user from engaging in the allegedly unlawful activity4 7e7 ,misrepresentation and abuse of process 7#a7 ,liability ,any person who knowingly and materially misrepresents that material constitutes a stylistic impersonation shall be liable for-- 7,a7 actual damages suffered by the alleged violator2 7,b7 costs and reasonable attorneys' fees2 and 7,c7 statutory damages of not less than #e1jjj per material misrepresentation4 7#b7 ,failure to conduct evaluation ,a failure to conduct a reasonable and good-faith evaluation of whether the material meets the definition of stylistic impersonation may constitute a knowing material misrepresentation4 7#c7 ,repeated bad-faith notifications ,repeated bad-faith notifications may result in suspension of notice privileges under this ,act4 #f4 ,civil actions and remedies 7a7 ,civil action 7#a7 ,in general ,a civil action under this ,act may be brought by a right holder against a person who violates section #c4 7#b7 ,safe harbors ,a person whose conduct falls within the limitations or safe harbors provided in sections #c or #e shall not be liable under this ,act4 7b7 ,remedies ,in a civil action under this ,act1 the court may award the following3 7#a7 ,injunctive relief ,temporary or permanent injunctive relief that is narrowly tailored to prevent ongoing or future violations of this ,act4 7#b7 ,other relief ,at the election of the prevailing plaintiff1 either-- 7,a7 actual damages suffered by the right holder and any profits of the violator attributable to the violation2 or 7,b7 statutory damages as provided in paragraph 7#c74 7#c7 ,statutory ,damages ,statutory damages may be awarded1 in lieu of actual damages and profits1 as follows3 7,a7 ,for a commercial actor that intentionally engaged in stylistic impersonation3 not less than #aj1jjj and not more than #ajj1jjj per stylistic impersonation work commercially exploited4 7,b7 ,for willful violations involving intentional targeting and commercial exploitation3 not less than #ej1jjj and not more than #aej1jjj per work4 7#d7 ,considerations for statutory damages ,in determining statutory damages1 the court or jury1 as applicable1 shall consider-- 7,a7 the willfulness of the conduct2 7,b7 the scale and duration of dissemination2 7,c7 the commercial impact on the right holder2 7,d7 the defendant's efforts to comply with this ,act2 and 7,e7 whether the defendant qualifies for any limitation on liability under this ,act4 7c7 ,no award of statutory damages ,statutory damages shall not be awarded where the defendant establishes that the conduct falls within a limitation1 exclusion1 or safe harbor under this ,act4 #g4 ,rules of construction 7a7 ,rule of construction ,nothing in this ,act shall be construed-- 7#a7 to limit1 expand1 or replace copyright protection under title #ag1 ,united ,states ,code2 7#b7 to grant exclusive rights over ideas1 concepts1 genres1 artistic movements1 or commonly used visual styles methods2 7#c7 to impose a duty on any online service or provider of a general-purpose artificial intelligence system to monitor content proactively or to affirmatively seek facts indicating potential violations of this ,act2 7#d7 to prohibit lawful artistic influence1 stylistic evolution1 independent human authorship1 or non-material use of artificial intelligence2 7#e7 to create liability for the mere development1 availability1 or licensing of an artificial intelligence system absent intentional targeting as defined in this ,act2 or 7#f7 to restrict speech protected by the ,first ,amendment to the ,constitution of the ,united ,states4 7b7 ,no training data inference ,the mere capacity of an artificial intelligence system to generate outputs that resemble or incorporate distinctive visual characteristics publicly associated with a visual artist shall not give rise to any presumption1 inference1 or evidentiary showing that-- 7#a7 the system was trained on any specific work of that visual artist2 or 7#b7 any particular dataset containing works associated with that visual artist was used in the training1 fine-tuning1 or operation of the system4 7c7 ,limitation on civil action ,no civil action under this ,act may be predicated solely on claims regarding the training data1 training process1 or internal parameters of an artificial intelligence system1 except to the extent such claims are independently actionable under other applicable law4 #h4 ,preemption 7a7 ,limited preemption ,this ,act shall preempt ,state law causes of action only to the extent that such causes of action impose liability for conduct that constitutes stylistic impersonation as defined in this ,act4 7b7 ,preservation of other law ,nothing in this ,act shall be construed to preempt or limit-- 7#a7 ,state or ,federal copyright law2 7#b7 ,state or ,federal trademark or false endorsement law2 7#c7 ,state right-of-publicity or misappropriation claims based on name1 likeness1 voice1 or other protected personal attributes2 or 7#d7 ,state unfair competition or consumer protection laws that regulate deceptive or misleading commercial conduct independent of stylistic impersonation as defined in this ,act4 #i4 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 is held invalid1 the remainder of this ,act and the application of its remaining provisions shall not be affected4 #aj4 ,definitions ,in this ,act3 7#a7 ,artificial intelligence system ,the term artificial intelligence system means a machine-based system that infers from input data how to generate visual expressive content in fixed or static form and that operates with a degree of autonomy beyond purely deterministic rule-based automation4 7#b7 ,artist ,the term artist means a human individual who has created and publicly distributed or exhibited original visual works of authorship4 7#c7 ,authorization ,the term authorization means express written permission granted by the applicable right holder for the commercial exploitation or public distribution of a stylistic impersonation4 7#d7 ,distinctive visual characteristics ,the term distinctive visual characteristics means identifiable visual elements1 taken together1 that are consistently present in a visual artist's publicly distributed works and that are publicly associated with that artist4 7#e7 ,general-purpose artificial intelligence system ,the term general-purpose artificial intelligence system means an artificial intelligence system designed for a broad range of lawful uses and not primarily configured to generate works emulating the distinctive visual characteristics of a specifically identified visual artist4 7#f7 ,material ,the term material means significant in relation to the work as a whole and not merely incidental or de minimis4 7#g7 ,online service ,the term online service means a provider of an interactive computer service1 as defined in section #bcj7;f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;f771 that hosts1 transmits1 indexes1 or provides access to user-generated content4 7#h7 ,public distribution ,the term public distribution means making a work available to the public1 whether for sale or otherwise1 by offering it for sale1 display1 transmission1 posting1 publication on a website or online service1 or other means of public dissemination4 7#i7 ,right holder ,the term right holder means-- 7,a7 the visual artist2 or 7,b7 a person or entity that has lawfully acquired1 by written assignment1 inheritance1 or operation of law1 one or more of the exclusive right granted under this ,act4 7#aj7 ,specifically identified visual artist ,the term specifically identified visual artist means a visual artist whose name or one or more distinctive visual characteristics is expressly referenced in the prompting1 configuration1 marketing1 or operation of an artificial intelligence system1 or in the promotion of the resulting output4 7#aa7 ,stylistic impersonation 7,a7 ,in general ,the term stylistic impersonation means a visual work generated in whole or in material part through the use of an artificial intelligence system that-- 7i7 was intentionally configured1 prompted1 marketed1 or otherwise designed to emulate the distinctive visual characteristics publicly associated with a visual artist2 and 7ii7 reproduces a combination of those distinctive visual characteristics in a manner likely to mislead a reasonable viewer as to the source1 sponsorship1 or approval of the work or to affect the commercial market for the visual artist's work4 7,b7 ,intentional design ,for purposes of subparagraph 7,a71 intentional design may be established by evidence that the artificial intelligence system or its operator-- 7i7 expressly referenced the visual artist or their work in prompts1 configuration settings1 or user-facing interfaces2 7ii7 marketed or promoted the system or the resulting output as capable of imitating the visual artist's work2 or 7iii7 configured the system for the purpose to produce outputs substantially reflecting the visual artist's distinctive visual characteristics4 7,c7 ,limitation ,the term stylistic impersonation does not include-- 7i7 works reflecting general artistic influence1 genre conventions1 or historical movements2 7ii7 works created through independent human authorship without deliberate targeting of a specifically identified visual artist's work2 7iii7 parody1 satire1 commentary1 scholarship1 or other expressive uses protected under section #d2 or 7iv7 works generated by a general-purpose artificial intelligence system absent evidence of intentional targeting of a specifically identified visual artist's work4 7#ab7 ,visual work ,the term visual work means a work consisting of a fixed or static visual image1 including illustrations1 photographs1 graphic designs1 paintings1 drawings1 or similar visual media1 but does not include motion pictures1 audiovisual works1 or sound recordings4 #aa4 ,effective date 7a7 ,effective date ,this ,act shall take effect #ahj days after the enactment of the enactment of this ,act4 7b7 ,prospective application ,this ,act shall apply only to conduct occurring on or after the effective date4