,,ii ,calendar ,no4 #ddf #aaith ,,congress #b;d ,session ,s4 #deia ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bj1 #bjbf,mr4 ,coons 7for himself1 ,mrs4 ,blackburn1 ,ms4 ,klobuchar1 ,mr4 ,tillis1 ,mr4 ,durbin1 ,mrs4 ,britt1 ,ms4 ,hirono1 ,mrs4 ,moody1 ,mr4 ,welch1 ,mr4 ,cassidy1 ,mr4 ,schiff1 ,mr4 ,hagerty1 ,ms4 ,slotkin1 ,mr4 ,lankford1 ,mr4 ,blumenthal1 and ,mr4 ,scott of ,florida7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,june #bd1 #bjbf,reported by ,mr4 ,grassley1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to protect intellectual property rights in the voice and visual likeness of individuals1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,nurture ,originals1 ,foster ,art1 and ,keep ,entertainment ,safe ,act of #bjbf or the ,,no ,,fakes ,act of #bjbf4 #b4 ,voice and visual likeness rights 7a7 ,definitions ,in this section3 7#a7 ,digital fingerprint ,the term digital fingerprint means an electronic label or identifier created by a cryptographic hash function 7or similar function71 or any other digital process1 tool1 or technique selected by the provider of an online service1 that is unique to a specific piece of material such that it is effectively certain that such piece of material will not be misidentified as a match for a different piece of material4 7#b7 ,digital replica ,the term digital replica-- 7,a7 means a newly created1 computer-generated1 highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that-- 7i7 is embodied in a sound recording1 image1 audiovisual work1 including an audiovisual work that does not have any accompanying sounds1 or transmission-- 7,i7 in which the actual individual did not actually perform or appear2 or 7,,ii7 that is a version of a sound recording1 image1 or audiovisual work in which the actual individual did perform or appear1 in which the fundamental character of the performance or appearance has been materially altered2 and 7,b7 does not include the electronic reproduction1 use of a sample of one sound recording or audiovisual work into another1 remixing1 mastering1 or digital remastering of a sound recording or audiovisual work authorized by the copyright holder4 7#c7 ,individual ,the term individual means a human being1 living or dead4 7#d7 ,interactive computer service ,the term interactive computer service means any information service1 system1 or access software provider that provides or enables computer access by multiple users to a computer server1 including specifically-- 7,a7 a service or system that provides access to the internet2 and 7,b7 such systems operated1 or services offered1 by libraries or educational institutions4 7#e7 ,online service ,the term online service-- 7,a7 means-- 7i7 any website1 online application1 mobile application1 or virtual reality environment that predominantly provides public access to user uploaded material2 7ii7 any digital music provider to which section #aae of title #ag1 ,united ,states ,code1 applies1 to the extent that the digital music provider provides public access to a significant amount of sound recordings that are predominantly the fixation of sounds of a performance of a musical composition and are user uploaded material1 if that digital music provider is not covered under clause 7i72 and 7iii7 any online application1 mobile application1 virtual reality environment1 application store1 search engine 7including any feature that provides web search results71 advertising service or network1 online shopping service or platform1 electronic commerce provider1 mapping service1 cloud storage service1 aggregator of visual and audiovisual works for licensing1 or website hosting service or any other interactive computer service that is not covered under clause 7i71 and is not a digital music provider to which section #aae of title #ag1 ,united ,states ,code1 applies1 but only if the provider of that interactive computer service has registered a designated agent with the ,copyright ,office under subsection 7d77#b72 and 7,b7 does not include any website1 online application1 mobile application1 virtual reality environment1 application store1 cloud storage service1 or search engine1 if the primary function of that website1 online application1 mobile application1 virtual reality environment1 application store1 cloud storage service1 or search engine is to distribute1 import1 transmit1 or otherwise make available to the public a product or service described in subsection 7c77#b77;,b74 7#f7 ,right holder ,the term right holder means-- 7,a7 the individual1 the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection 7c77#b77;,b72 and 7,b7 any other individual or entity that has acquired1 through a license1 inheritance1 or otherwise1 the right to authorize the use of the voice or visual likeness described in subparagraph 7,a74 7#g7 ,sound recording artist ,the term sound recording artist means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual4 7#h7 ,user uploaded material ,the term user uploaded material means material1 such as a video1 image1 game1 audio file1 or other similar material1 that is placed on a service directly by1 or at the direction of1 a consumer end user of a service4 7b7 ,digital replication right 7#a7 ,in general ,subject to the other provisions of this section1 each individual or right holder shall have the right to authorize the use of the voice or visual likeness of the individual-- 7,a7 in a digital replica2 or 7,b7 in connection with a product or service for which authorization of the individual or right holder is required to avoid liability with respect to an activity described in subsection 7c77#b77;,b74 7#b7 ,nature of right 7,a7 ,in general ,the right described in paragraph 7#a7 shall have the following characteristics3 7i7 ,the right is-- 7,i7 a property right2 7,,ii7 not assignable during the life of the individual2 and 7,,iii7 licensable1 in whole or in part1 exclusively or non-exclusively1 by the right holder4 7ii7 ,the right shall not expire upon the death of the individual1 without regard to whether the right is commercially exploited by the individual during the lifetime of the individual4 7iii7 ,upon the death of the individual-- 7,i7 the right is transferable and licensable1 in whole or in part1 by the executors1 heirs1 assignees1 licensees1 or devisees of the individual2 and 7,,ii7 ownership of the right may be-- 7aa7 transferred1 in whole or in part1 by any means of conveyance or by operation of law2 and 7bb7 bequeathed by will or pass as personal property by the applicable laws of intestate succession4 7iv7 ,the right shall be exclusive to-- 7,i7 the individual1 subject to the licensing of the right during the lifetime of that individual under subparagraph 7,b72 and 7,,ii7 the right holder-- 7aa7 for a period of #aj years after the death of the individual2 and 7bb7 if the right holder demonstrates active and authorized public use of the voice or visual likeness of the individual in interstate or foreign commerce during the #b-year period preceding the expiration of the #aj-year period described in item 7aa71 for an additional #e-year period1 subject to renewal for additional #e-year periods1 provided the right holder can demonstrate authorized public use of the voice or visual likeness of the individual in interstate or foreign commerce during the #b-year period preceding the expiration of each additional #e-year period4 7v7 ,the right shall terminate on the date that is the earlier of-- 7,i7 the date on which the #aj-year period or #e-year period described in clause 7iv77,,ii7 terminates without renewal2 or 7,,ii7 the date that is #gj years after the death of the individual4 7,b7 ,requirements for license 7i7 ,in general ,a license described in subparagraph 7,a77i77,,iii7-- 7,i7 while the individual is living1 is valid only to the extent that the license duration does not exceed #aj years2 and 7,,ii7 shall be valid only if the license agreement-- 7aa7 is in writing and signed by the individual or an authorized representative of the individual2 and 7bb7 includes a reasonably specific description of the intended uses of the applicable digital replica4 7ii7 ,licenses involving a minor ,a license described in subparagraph 7,a77i77,,iii7 involving a living individual who is younger than #ah years of age-- 7,i7 is valid only to the extent that the license duration does not exceed #e years1 but in any case terminates when the individual reaches #ah years of age2 and 7,,ii7 shall be valid only if the license agreement-- 7aa7 is in writing and signed by the individual or an authorized representative of the individual2 7bb7 includes a reasonably specific description of the intended uses of the digital replica2 and 7cc7 is approved by a court in accordance with applicable ,state law4 7iii7 ,collective bargaining agreements ,the provisions of clauses 7i7 and 7ii7 shall not apply with respect to a license if the license is governed by a collective bargaining agreement that addresses digital replicas4 7iv7 ,limitation ,the provisions of clauses 7i7 and 7ii7 shall not affect terms and conditions of a license or related contract other than those described in this subparagraph1 and the expiration of that license shall not affect the remainder of the license or related contract4 7,c7 ,requirements for post-mortem transfer ,a post-mortem transfer or license described in subparagraph 7,a77iii77,i7 shall be valid only if the transfer agreement or license agreement is in writing and signed by the right holder or an authorized representative of the right holder4 7,d7 ,registration for post-mortem renewal 7i7 ,in general ,the renewal of a post-mortem right under subparagraph 7,a77iv77,,ii77bb7 shall be effective if1 during the applicable #b-year renewal period described in that subparagraph1 the right holder files a notice with the ,register of ,copyrights that complies with such requirements regarding form and filing procedures as the ,register of ,copyrights may prescribe by regulation1 which shall include-- 7,i7 the name of the deceased individual2 7,,ii7 a statement1 under penalty of perjury1 that the right holder has engaged in active and authorized public use of the voice or visual likeness in interstate or foreign commerce during the applicable #b-year period2 7,,iii7 the identity of and contact information for the right holder2 and 7,,iv7 such other information as the ,register of ,copyrights may prescribe by regulation4 7ii7 ,directory ,the ,register of ,copyrights-- 7,i7 shall-- 7aa7 maintain a current directory of post-mortem digital replication rights registered under this subparagraph2 and 7bb7 make the directory described in item 7aa7 available to the public for inspection online2 and 7,,ii7 may require payment of a reasonable filing fee by the right holder filing notice under clause 7i71 which may take into consideration the costs of maintaining the directory described in subclause 7,i7 of this clause4 7iii7 ,voluntary initial registration 7,i7 ,in general ,a right holder may voluntarily register the post-mortem right under subparagraph 7,a77iv77,,ii77aa7 by filing a notice with the ,register of ,copyrights that complies with such requirements regarding form1 content1 and filing procedures as the ,register of ,copyrights may prescribe by regulation4 7,,ii7 ,authority of ,register of ,copyrights ,the ,register of ,copyrights may-- 7aa7 include a voluntary registration of the post-mortem right under subparagraph 7,a77iv77,,ii77aa7 in the directory maintained under clause 7ii77,i77aa7 of this subparagraph2 and 7bb7 require payment of a reasonable filing fee by a right holder registering a right under this clause1 which may take into consideration the costs of maintaining the directory4 7iv7 ,authority of ,register of ,copyrights ,the ,register of ,copyrights may make such interpretations and resolve such ambiguities as may be appropriate to carry out this subparagraph4 7,e7 ,post-expiration or termination utilization of authorized uses ,a digital replica that is embodied in a sound recording1 image1 audiovisual work1 including an audiovisual work that does not have any accompanying sounds1 or transmission1 and the use of which is authorized pursuant to the terms of a license1 may continue to be utilized in a manner consistent with the terms of that license after the expiration or termination of the license4 7c7 ,liability 7#a7 ,in general ,any individual or entity that1 in a manner affecting interstate or foreign commerce 7or using any means or facility of interstate or foreign commerce71 engages in an activity described in paragraph 7#b7 shall be liable in a civil action brought under subsection 7e74 7#b7 ,activities described ,an activity described in this paragraph is either of the following3 7,a7 ,the public display1 distribution1 transmission1 or communication of1 or the act of otherwise making available to the public1 including by acting as a third party commercial supplier of sound recordings to a digital music provider1 a digital replica without authorization by the applicable right holder4 7,b7 ,distributing1 importing1 transmitting1 or otherwise making available to the public a product or service that-- 7i7 is primarily designed to produce #a or more digital replicas of a specifically identified individual or individuals without the authorization of-- 7,i7 such individual or individuals2 7,,ii7 the applicable right holder2 or 7,,iii7 the law2 7ii7 has only limited commercially significant purpose or use other than to produce a digital replica of a specifically identified individual or individuals without the authorization of-- 7,i7 such individual or individuals2 7,,ii7 the applicable right holder2 or 7,,iii7 the law2 or 7iii7 is marketed1 advertised1 or otherwise promoted by the individual or entity described in paragraph 7#a71 or another individual or entity acting in concert with the individual or entity described in paragraph 7#a7 with the knowledge of the individual or entity described in paragraph 7#a71 as a product or service designed to produce a digital replica of a specifically identified individual or individuals without the authorization of-- 7,i7 such individual or individuals2 7,,ii7 the applicable right holder2 or 7,,iii7 the law4 7#c7 ,notice or knowledge required ,to incur liability under this subsection1 the following shall apply3 7,a7 7i7 ,with respect to an activity carried out under paragraph 7#b7 by the provider of an online service described in clause 7ii71 the designated agent with respect to the provider must have received a notification that satisfies the requirements under subsection 7d77#c71 or a court order stating1 or must have willfully avoided receipt of such a notification or court order1 that the applicable material is-- 7,i7 a digital replica that was not authorized by the applicable right holder2 or 7,,ii7 a product or service described in paragraph 7#b77;,b74 7ii7 ,an online service described in this clause is an online service that is-- 7,i7 described in subsection 7a77#e77;,a77i72 7,,ii7 described in subsection 7a77#e77;,a77ii71 with respect to sound recordings that are predominantly the fixation of sounds of a performance of a musical composition and are user uploaded material2 or 7,,iii7 described in subsection 7a77#e77;,a77iii71 with respect to material placed on that online service by or at the direction of a third party4 7,b7 ,with respect to an activity carried out under paragraph 7#b7 by an individual or entity that is not an online service1 or an activity carried out under paragraph 7#b7 by the provider of an online service that is not described in subparagraph 7,a77ii71 the individual or entity must have actual knowledge1 or must willfully avoid having such knowledge1 that the applicable material is-- 7i7 a digital replica that was not authorized by the applicable right holder2 or 7ii7 a product or service described in paragraph 7#b77;,b74 7#d7 ,exclusions ,liability under this subsection shall not extend to-- 7,a7 a service by wire or radio that provides the capability to transmit data to and receive data from all1 or substantially all1 internet endpoints1 including any capabilities that are incidental to enable the operation of the communications service of a provider of online services or network access1 or the operator of facilities for such service2 7,b7 a provider of an online service described in paragraph 7#c77;,a77ii7 alleged to have undertaken an activity described in paragraph 7#b7 if-- 7i7 it is not technologically or practically feasible for that provider to disable access to the offending material1 or disable the reference or link to that material1 at the specific location identified in the applicable notification sent under subsection 7d77#c72 or 7ii7 disabling access to the offending material is prohibited by law2 7,c7 a nonprofit library or archives-- 7i7 that is eligible for the limitations on exclusive rights under section #ajh of title #ag1 ,united ,states ,code2 7ii7 the collections of which are-- 7,i7 open to the public2 or 7,,ii7 available not only to researchers affiliated with the library or archives1 or with the institution of which the library or archives is a part1 but also to other persons doing research in a specialized field2 7iii7 that has a public service mission2 7iv7 the trained staff or volunteers of which provide professional services normally associated with libraries and archives2 and 7v7 the collections of which are composed of lawfully acquired or licensed materials that are made available consistent with the requirements of title #ag1 ,united ,states ,code2 7,d7 an accredited nonprofit educational institution with respect to an activity undertaken without any purpose of direct or indirect commercial advantage2 7,e7 an employee of an institution described in subparagraph 7,c7 or 7,d7 acting within the scope of the employment of that individual2 7,f7 any other person solely with respect to providing online or network access services to an institution described in subparagraph 7,c7 or 7,d7 in the course of providing those services to that institution2 or 7,g7 an individual or entity that is not an online service1 if1 upon obtaining actual knowledge of an activity described in paragraph 7#b71 the individual or entity acts as soon as technologically and practically feasible to remove or disable access to the applicable material4 7#e7 ,additional exclusions 7,a7 ,in general ,an activity shall not be considered to be an activity described in paragraph 7#b7 if-- 7i7 the applicable digital replica is produced or used in a bona fide news1 public affairs1 or sports broadcast or account1 provided that the digital replica is the subject of1 or is materially relevant to1 the subject of that broadcast or account2 7ii7 the applicable digital replica is a representation of the applicable individual as the individual in a documentary or in a historical or biographical manner1 including some degree of fictionalization1 unless-- 7,i7 the production or use of that digital replica creates the false impression that the work is an authentic sound recording1 image1 transmission1 or audiovisual work in which the individual participated2 or 7,,ii7 the digital replica is embodied in a musical sound recording that is synchronized to accompany a motion picture or other audiovisual work1 except to the extent that the use of that digital replica is protected by the ,first ,amendment to the ,constitution of the ,united ,states2 7iii7 the applicable digital replica is produced or used consistent with the public interest in bona fide commentary1 criticism1 scholarship1 satire1 or parody2 7iv7 the use of the applicable digital replica is fleeting or negligible2 or 7v7 the applicable digital replica is used in an advertisement or commercial announcement for a purpose described in any of clauses 7i7 through 7iv7 and the applicable digital replica is relevant to the subject of the work so advertised or announced4 7,b7 ,applicability ,subparagraph 7,a7 shall not apply where the applicable digital replica is used to depict sexually explicit conduct1 as defined in section #bbef7b77;,a7 of title #ah1 ,united ,states ,code4 7#f7 ,voluntary use of tools to remove or disable access ,the voluntary use of any tool to remove or disable access to content shall not alone confer actual knowledge of a particular violation of this section4 7d7 ,safe harbors 7#a7 ,in general 7,a7 ,products and services capable of producing digital replicas ,no individual or entity shall be directly or secondarily liable under this section for an activity described in subsection 7c77#b77;,a7 by virtue of distributing1 importing1 transmitting1 or otherwise making available to the public a product or service unless the product or service is a product or service described in subsection 7c77#b77;,b74 7,b7 ,online services ,the provider of an online service shall not be liable for an activity that violates subsection 7c71 or for referring or linking to the material containing an unauthorized digital replica or a product or service described in subsection 7c77#b77;,b71 if-- 7i7 for the provider of an online service described in subsection 7a77#e77;,a77iii7 7other than a search engine or a search component of a service71 the provider has adopted and reasonably implemented1 and has informed users of the online service of1 a policy that provides for the termination in appropriate circumstances of account holders of the online service that are repeat violators of subsection 7c77#b71 provided that the failure to terminate a particular account holder in accordance with that policy shall subject the provider of the online service to potential liability only with respect to violating content posted by that account holder2 and 7ii7 7,i7 upon receiving a notification that satisfies the requirements under paragraph 7#c71 the provider-- 7aa7 removes or disables access to the work embodying the claimed unauthorized digital replica or the product or service specifically identified in a notice sent under that paragraph1 or1 as applicable1 the link or reference to the unauthorized digital replica or product or service1 as soon as is technologically and practically feasible for that provider2 7bb7 for the provider of an online service described in subsection 7a77#e77;,a77i71 as soon as is technologically and practically feasible for that provider1 removes or disables access to all other publicly available instances of the work embodying the claimed unauthorized digital replica that-- 7,,aa7 match the digital fingerprint of an unauthorized digital replica specifically identified in a notification sent under paragraph 7#c72 and 7,,bb7 are uploaded after valid1 applicable notice was submitted to1 and processed by1 the provider2 7cc7 for the provider of an online service described in subsection 7a77#e77;,a77ii71 with respect to sound recordings that are predominantly the fixation of sounds of a performance of a musical composition and are user uploaded material1 as soon as is technologically and practically feasible for that provider1 removes or disables access to all other publicly available instances of the work embodying the claimed unauthorized digital replica that-- 7,,aa7 match the digital fingerprint of an unauthorized digital replica specifically identified in a notification sent under paragraph 7#c72 and 7,,bb7 are uploaded after valid1 applicable notice was submitted to1 and processed by1 the provider2 and 7dd7 takes reasonable steps to promptly notify the right holder1 and the party that placed the material on the online service1 that the online service removed or disabled access to the material2 and 7,,ii7 the provider1 in the case that the provider receives a counter-notification that satisfies the requirements under paragraph 7#d7 and opts to replace the removed material or cease disabling access to that material-- 7aa7 takes reasonable steps to promptly provide the individual or entity that provided the applicable notification under paragraph 7#c7 with a copy of the counter-notification2 and 7bb7 not less than #ad days after the date on which the provider receives that counter-notification1 replaces the removed material or ceases disabling access to that material1 unless an eligible plaintiff described in subsection 7e7 brings an action under that subsection1 in which case the provider shall remove the material or disable access to the material as soon as is technologically and practically feasible for the provider4 7#b7 ,designated agent 7,a7 ,designation 7i7 ,in general ,a provider of an online service described in clause 7i7 or 7ii7 of subsection 7a77#e77;,a7 shall1 and a provider of an online service that is described in subsection 7a77#e77;,a77iii7 and is eligible for registration may1 register a designated agent in accordance with this paragraph4 7ii7 ,contents ,to designate an agent under clause 7i71 the provider of an online service shall make available through that online service1 in a location accessible to the public1 and provide to the ,copyright ,office1 substantially the following information3 7,i7 ,the name1 address1 telephone number1 and electronic mail address of the agent4 7,,ii7 ,other contact information that the ,register of ,copyrights may determine appropriate4 7,b7 ,directory ,the ,register of ,copyrights-- 7i7 shall-- 7,i7 maintain a current directory of designated agents for the purposes of this paragraph2 and 7,,ii7 make the directory described in subclause 7,i7 available to the public for inspection1 including through the internet2 and 7ii7 may require payment of a fee by the provider of an online service to cover the costs of maintaining the directory described in clause 7i77,i74 7,c7 ,effect of failure to designate ,there shall be established a presumption that a provider of an online service described in subparagraph 7,a77i7 has not undertaken a good faith effort to comply with this subsection if the provider has failed to register a designated agent under this paragraph by the later of-- 7i7 the date that is #ij days after the effective date of this section2 or 7ii7 the date that is #ij days after the date on which the provider becomes a provider described in subparagraph 7,a77i74 7#c7 ,elements of notification ,to be effective under this subsection1 a notification of a claimed violation of the right described in subsection 7b7 shall be a written communication provided to the designated agent registered under this subsection with respect to the applicable provider of an online service that includes the following3 7,a7 ,a physical or electronic signature of the right holder1 an individual or entity authorized to act on behalf of the right holder1 or an eligible plaintiff under subsection 7e77#a74 7,b7 ,identification of the individual1 the voice or visual likeness of whom is at issue with respect to an unauthorized digital replica or a product or service described in subsection 7c77#b77;,b74 7,c7 ,identification of the material containing an unauthorized digital replica or a product or service described in subsection 7c77#b77;,b71 including information sufficient to allow the provider to locate the identified material4 7,d7 ,information reasonably sufficient to permit the provider to contact the notifying party1 such as an address1 telephone number1 and email address4 7,e7 ,a statement that the notifying party believes in good faith that-- 7i7 the material is an unauthorized use of a digital replica or a product or service described in subsection 7c77#b77;,b72 and 7ii7 the exclusions under subsection 7c77#e7 do not apply4 7,f7 ,if not the right holder or an eligible plaintiff under subsection 7e77#a71 a statement1 under penalty of perjury1 that the notifying party has the authority to act on behalf of the right holder4 7,g7 ,for the purposes of paragraph 7#a77;,b71 information reasonably sufficient to-- 7i7 identify the reference or link to the material or activity claimed to be or containing an unauthorized digital replica1 or a product or service described in subsection 7c77#b77;,b71 that is to be removed or to which access is to be disabled2 and 7ii7 permit the provider to locate the reference or link described in clause 7i74 7#d7 ,elements of counter-notification ,to be effective under this subsection1 a counter-notification with respect to a notification provided under paragraph 7#c7 shall be a written communication that satisfies the following3 7,a7 ,the counter-notification is provided-- 7i7 to the designated agent of the online service provider to which that notification was submitted under paragraph 7#c72 and 7ii7 by the party that placed the applicable material on the online service4 7,b7 ,the counter notification includes the following3 7i7 ,a physical signature1 witnessed or attested to in person by a licensed notary public1 of the individual or entity that placed the applicable material on the online service4 7ii7 ,an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before the material was removed or access to the material was disabled4 7iii7 ,information that is reasonably sufficient to permit the provider of the online service and the individual or entity that provided the notification under paragraph 7#c7 to contact the party providing the counter-notification1 including an address1 telephone number1 and email address4 7iv7 ,a statement made under penalty of perjury that the party providing the counter-notification has a good faith belief that the applicable material was removed1 or access to that material was disabled1 as a result of mistake or misidentification of the material to be removed or access to which was to be disabled1 which shall include a specific assertion by the party providing the counter-notification that such material-- 7,i7 is not a digital replica2 7,,ii7 is an authorized digital replica2 or 7,,iii7 is an unauthorized digital replica that satisfies an exclusion under paragraph 7#d7 or 7#e7 of subsection 7c71 or any other requirements with respect to a valid legal defense1 which shall include a succinct explanation of how such material satisfies the applicable exclusion or requirement4 7v7 ,a statement that the individual or entity described in clause 7i7-- 7,i7 consents to the jurisdiction of the district court of the ,united ,states for the judicial district in which the address provided under clause 7iii7 is located 7or1 if that address is outside of the ,united ,states1 for any judicial district of the ,united ,states in which the provider may be found72 and 7,,ii7 will accept service of process from-- 7aa7 the individual or entity that provided notification under paragraph 7#c72 or 7bb7 an agent of the individual or entity described in item 7aa74 7#e7 ,penalties for false or deceptive notice 7,a7 ,knowing material representations 7i7 ,in general ,it shall be unlawful to knowingly materially misrepresent-- 7,i7 in a notification provided under paragraph 7#c7-- 7aa7 that the material requested to be removed1 or access to which is requested to be disabled1 is an unauthorized digital replica2 7bb7 that the exclusions under subsection 7c77#e7 do not apply2 or 7cc7 that an individual or entity has the authority to act on behalf of the right holder2 or 7,,ii7 in a counter-notification provided under paragraph 7#d7-- 7aa7 that the material removed1 or to which access was disabled-- 7,,aa7 was removed or disabled by mistake or misidentification2 7,,bb7 is not a digital replica2 or 7,,cc7 is subject to an exclusion under subsection 7c77#e7 or any other valid legal defense4 7ii7 ,failure to perform good faith review ,the failure to consider in good faith any of the issues described in clause 7i77,i7 before providing a notification under paragraph 7#c71 or any of the issues described in clause 7i77,,ii7 before providing a counter-notification under paragraph 7#d71 shall constitute a knowing material misrepresentation under this subparagraph4 7,b7 ,penalties ,in addition to a cause of action and remedies made available under subsection 7e71 any individual or entity that violates subparagraph 7,a7 of this paragraph shall be liable to the applicable right holder1 the alleged violator that uploaded the applicable material1 or the provider of an online service injured by the misrepresentation1 for an amount equal to the greater of-- 7i7 #be1jjj per notification provided under paragraph 7#c71 or counter-notification provided under paragraph 7#d71 that contains a misrepresentation described in subparagraph 7,a7 of this paragraph2 or 7ii7 7,i7 any actual damages incurred by the applicable right holder or alleged violator1 as well as by any provider of an online service or other individual or entity injured by the misrepresentation2 and 7,,ii7 any costs and attorney's fees incurred by the applicable recipient of a notification under paragraph 7#c71 or a counter-notification under paragraph 7#d71 that prevails in an action alleging that the notification or counter-notification1 as applicable1 was false or deceptive4 7e7 ,civil action 7#a7 ,eligible plaintiffs ,a civil action against an individual or entity that1 in a manner affecting interstate commerce 7or using any means or facility of interstate commerce71 commits a violation of subsection 7c7 may be brought by-- 7,a7 the applicable right holder2 7,b7 if the applicable right holder is an individual who is younger than #ah years of age1 a parent or guardian of that individual2 or 7,c7 in the case of a digital replica involving a sound recording artist1 any individual or entity that has1 directly or indirectly1 entered into-- 7i7 a contract for the exclusive personal services of the sound recording artist as a sound recording artist2 or 7ii7 an exclusive license to distribute or transmit #a or more works that capture the audio performance of the sound recording artist4 7#b7 ,limitations period ,a civil action may not be brought under this subsection unless the civil action is commenced not later than #c years after the date on which the party seeking to bring the civil action discovered1 or with due diligence should have discovered1 the applicable violation4 7#c7 ,defense not permitted ,it shall not be a defense in a civil action brought under this subsection that the defendant displayed or otherwise communicated to the public a disclaimer stating that the applicable digital replica1 or the applicable product or service described in subsection 7c77#b77;,b71 was unauthorized or disclosed that the digital replica1 product1 or service was generated through the use of artificial intelligence or other technology4 7#d7 ,remedies 7,a7 ,in general ,in any civil action brought under this subsection-- 7i7 an individual or entity found to have committed a violation of subsection 7c7 shall be liable to the injured party in an amount equal to the greater of-- 7,i7 7aa7 in the case of an individual1 #e1jjj per work embodying the applicable unauthorized digital replica2 7bb7 in the case of a provider of an online service that has undertaken a good faith effort to implement all applicable obligations of paragraphs 7#a7 through 7#d7 of subsection 7d71 #be1jjj per work embodying the applicable unauthorized digital replica2 7cc7 in the case of a provider of an online service that has not undertaken a good faith effort to implement all applicable obligations of paragraphs 7#a7 through 7#d7 of subsection 7d71 #e1jjj per display1 copy made1 transmission1 and instance of the unauthorized digital replica being made available on the online service in a sum of not more than #gej1jjj per work embodying the applicable unauthorized digital replica2 and 7dd7 in the case of an entity that is not a provider of an online service1 #be1jjj per work embodying the applicable unauthorized digital replica2 or 7,,ii7 any actual damages suffered by the injured party as a result of the activity1 plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages2 7ii7 an individual or entity found to have violated subsection 7c7 by virtue of engaging in an activity described in subsection 7c77#b77;,b7 shall be liable to the injured party in an amount equal to the greater of-- 7,i7 7aa7 in the case of an individual1 #e1jjj per product or service2 7bb7 in the case of a provider of an online service that has undertaken a good faith effort to implement all applicable obligations of paragraphs 7#a7 through 7#d7 of subsection 7d71 #be1jjj per product or service2 7cc7 in the case of a provider of an online service that has not undertaken a good faith effort to implement all applicable obligations of paragraphs 7#a7 through 7#d7 of subsection 7d71 #gej1jjj per product or service2 or 7dd7 in the case of an entity that is not a provider of an online service1 #be1jjj per product or service2 or 7,,ii7 any actual damages suffered by the injured party as a result of the activity1 plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages2 7iii7 the plaintiff may seek injunctive or other equitable relief2 7iv7 in the case of willful activity in which the injured party has proven that the defendant acted with malice1 fraud1 knowledge1 or willful avoidance of knowledge that the conduct violated the law1 the court may award to the injured party punitive damages2 and 7v7 if the prevailing party is-- 7,i7 the party bringing the action1 the court shall award reasonable attorney's fees2 or 7,,ii7 the party defending the action1 the court shall award reasonable attorney's fees if the court determines that the action was not brought in good faith4 7,b7 ,objectively reasonable belief ,a provider of an online service that has designated an agent under subsection 7d77#b7 and has an objectively reasonable belief that material that is claimed to be an unauthorized digital replica does not qualify as a digital replica shall be liable only for actual damages under subparagraph 7,a7 if the material is ultimately determined to be an unauthorized digital replica4 7f7 ,subpoena ,to identify violator 7#a7 ,request ,a right holder1 an individual or entity authorized to act on behalf of a right holder1 or an eligible plaintiff under subsection 7e77#a7 may request the clerk of any district court of the ,united ,states to issue a subpoena to a provider of an online service for identification of an alleged violator of this section in accordance with this subsection4 7#b7 ,contents of request ,a request under paragraph 7#a7 may be made by filing with the clerk-- 7,a7 a copy of a notification described in subsection 7d77#c72 7,b7 a proposed subpoena2 and 7,c7 a sworn declaration to the effect that-- 7i7 the purpose of the subpoena is to obtain the identity of an individual or entity alleged to be liable under subsection 7c72 and 7ii7 the information described in clause 7i7 will only be used for the purpose of protecting rights under this section4 7#c7 ,contents of subpoena ,a subpoena issued under this subsection shall authorize and order the provider of the applicable online service to expeditiously disclose to the party that sought the subpoena information sufficient to identify the alleged violator by virtue of the activity described in the notification to the extent that information is available to the provider of the online service4 7#d7 ,basis for granting subpoena ,if a proposed subpoena under this subsection is in proper form1 the applicable notification filed satisfies the requirements under subsection 7d77#c71 and the accompanying declaration is properly executed1 the clerk shall expeditiously issue and sign the proposed subpoena and return the subpoena to the requester for delivery to the provider of the applicable online service4 7g7 ,preemption 7#a7 ,in general ,the rights established under this ,act shall preempt any cause of action under ,state law for the protection of an individual's voice and visual likeness rights in connection with a digital replica1 as defined in this ,act1 in an expressive work4 7#b7 ,rule of construction ,notwithstanding paragraph 7#a71 nothing in this ,act may be construed to preempt-- 7,a7 causes of action under ,state statutes or common law in existence1 as of ,january #b1 #bjbe1 regarding a digital replica2 7,b7 causes of action under ,state statutes specifically regulating a digital replica depicting sexually explicit conduct1 as defined in section #bbef7b77;,a7 of title #ah1 ,united ,states ,code1 or an election-related digital replica2 or 7,c7 causes of action under ,state statutes or common law in existence1 as of ,january #b1 #bjbe1 for the distributing1 importing1 transmitting1 or otherwise making available to the public a product or service capable of producing #a or more digital replicas4 7h7 ,rules of construction 7#a7 ,laws pertaining to intellectual property ,this section shall be considered to be a law pertaining to intellectual property for the purposes of section #bcj7;e77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;e77#b774 7#b7 ,no duty to monitor ,except as expressly provided in subsection 7d77#a77;,b77ii71 nothing in this section may be construed to require the provider of an online service to-- 7,a7 monitor the online service for1 or affirmatively seek facts about1 any digital replica2 or 7,b7 gain access to material4 7i7 ,severability ,if any provision of this section1 or the application of a provision of this section1 is held to be invalid1 the validity of the remainder of this section1 and the application of that provision to other individuals1 entities1 and circumstances1 shall not be affected by that holding4 7j7 ,retroactive effect 7#a7 ,liabilities ,liability under this section shall apply only to-- 7,a7 conduct occurring after the date of enactment of this ,act2 and 7,b7 in the case of conduct covered by a license or contract1 a license or contract that is executed after the date of enactment of this ,act4 7#b7 ,digital replication right ,the right granted under subsection 7b7-- 7,a7 shall apply to any individual1 regardless of whether the individual dies before1 on1 or after the date of enactment of this ,act2 and 7,b7 in the case of a right holder who has died before the date of enactment of this ,act1 shall vest in the executors1 heirs1 assignees1 or devisees of the right holder4 7k7 ,effective date ,this ,act shall take effect on the date that is #ahj days after the date of enactment of this ,act4 #a4 ,short title ,this ,act may be cited as the ,nurture ,originals1 ,foster ,art1 and ,keep ,entertainment ,safe ,act of #bjbf or the ,,no ,,fakes ,act of #bjbf4 #b4 ,voice and visual likeness rights 7a7 ,definitions ,in this section3 7#a7 ,digital fingerprint ,the term digital fingerprint means an electronic label or identifier created by a cryptographic hash function 7or similar function71 or any other digital process1 tool1 or technique selected by the provider of an online service1 that is unique to a specific piece of material such that it is effectively certain that such piece of material will not be misidentified as a match for a different piece of material4 7#b7 ,digital replica ,the term digital replica-- 7,a7 means a newly created1 computer-generated1 highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual that-- 7i7 is embodied in a sound recording1 image1 audiovisual work1 including an audiovisual work that does not have any accompanying sounds1 or transmission-- 7,i7 in which the actual individual did not actually perform or appear2 or 7,,ii7 that is a version of a sound recording1 image1 or audiovisual work in which the actual individual did perform or appear1 in which the fundamental character of the performance or appearance has been materially altered2 and 7,b7 does not include the electronic reproduction1 use of a sample of one sound recording or audiovisual work into another1 remixing1 mastering1 or digital remastering of a sound recording or audiovisual work authorized by the copyright holder4 7#c7 ,individual ,the term individual means a human being1 living or dead4 7#d7 ,interactive computer service ,the term interactive computer service means any information service1 system1 or access software provider that provides or enables computer access by multiple users to a computer server1 including specifically-- 7,a7 a service or system that provides access to the internet2 and 7,b7 such systems operated1 or services offered1 by libraries or educational institutions4 7#e7 ,online service ,the term online service-- 7,a7 means-- 7i7 any website1 online application1 mobile application1 or virtual reality environment that predominantly provides public access to user uploaded material2 7ii7 any digital music provider to which section #aae of title #ag1 ,united ,states ,code1 applies1 to the extent that the digital music provider provides public access to a significant amount of sound recordings that are predominantly the fixation of sounds of a performance of a musical composition and are user uploaded material1 if that digital music provider is not covered under clause 7i72 and 7iii7 any online application1 mobile application1 virtual reality environment1 application store1 search engine 7including any feature that provides web search results71 advertising service or network1 online shopping service or platform1 electronic commerce provider1 mapping service1 cloud storage service1 aggregator of visual and audiovisual works for licensing1 or website hosting service or any other interactive computer service that is not covered under clause 7i71 and is not a digital music provider to which section #aae of title #ag1 ,united ,states ,code1 applies1 but only if the provider of that interactive computer service has registered a designated agent with the ,copyright ,office under subsection 7d77#b72 and 7,b7 does not include any website1 online application1 mobile application1 virtual reality environment1 application store1 cloud storage service1 or search engine1 if the primary function of that website1 online application1 mobile application1 virtual reality environment1 application store1 cloud storage service1 or search engine is to distribute1 import1 transmit1 or otherwise make available to the public a product or service described in subsection 7c77#b77;,b74 7#f7 ,right holder ,the term right holder means-- 7,a7 the individual1 the voice or visual likeness of whom is at issue with respect to a digital replica or a product or service described in subsection 7c77#b77;,b72 and 7,b7 any other individual or entity that has acquired1 through a license1 inheritance1 or otherwise1 the right to authorize the use of the voice or visual likeness described in subparagraph 7,a74 7#g7 ,sound recording artist ,the term sound recording artist means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual4 7#h7 ,user uploaded material ,the term user uploaded material-- 7,a7 means material1 such as a video1 image1 audio file1 or other similar material1 that is placed on a service directly by1 or at the direction of1 a consumer end user of a service2 and 7,b7 does not include material that is-- 7i7 embodied in a video game2 and 7ii7 generated or customized by a consumer end user of that video game4 7b7 ,digital replication right 7#a7 ,in general ,subject to the other provisions of this section1 each individual or right holder shall have the right to authorize-- 7,a7 the use of a digital replica embodying the voice or visual likeness of the individual2 or 7,b7 the use of the voice or visual likeness of the individual in connection with a product or service for which authorization of the individual or right holder is required to avoid liability with respect to an activity described in subsection 7c77#b77;,b74 7#b7 ,nature of right 7,a7 ,in general ,the right described in paragraph 7#a7 shall have the following characteristics3 7i7 ,the right is-- 7,i7 a property right2 7,,ii7 not assignable during the life of the individual1 including through involuntary transfer1 such as by means of bankruptcy1 levy1 lien enforcement1 court order1 or other legal process2 and 7,,iii7 licensable1 in whole or in part1 exclusively or non-exclusively1 by the right holder4 7ii7 ,the right shall not expire upon the death of the individual1 without regard to whether the right is commercially exploited by the individual during the lifetime of the individual4 7iii7 ,upon the death of the individual-- 7,i7 the right is transferable and licensable1 in whole or in part1 by the executors1 heirs1 assignees1 licensees1 or devisees of the individual2 and 7,,ii7 ownership of the right may be-- 7aa7 transferred1 in whole or in part1 by any means of conveyance or by operation of law2 and 7bb7 bequeathed by will or pass as personal property by the applicable laws of intestate succession4 7iv7 7,i7 ,the right shall be exclusive to-- 7aa7 the individual1 subject to the licensing of the right during the lifetime of that individual under subparagraph 7,b72 and 7bb7 the right holder-- 7,,aa7 for a period of #aj years after the death of the individual2 and 7,,bb7 if the right holder demonstrates active and authorized public use of the voice or visual likeness of the individual in interstate or foreign commerce during the #b-year period preceding the expiration of the #aj-year period described in subitem 7,,aa71 for an additional #e-year period1 subject to renewal for additional #e-year periods1 provided the right holder can demonstrate authorized public use of the voice or visual likeness of the individual in interstate or foreign commerce during the #b-year period preceding the expiration of each additional #e-year period4 7,,ii7 ,the commercial availability of a sound recording or audiovisual work in which the voice or visual likeness of an individual is readily identifiable shall constitute active and authorized public use of that voice or visual likeness for the purposes of subclause 7,i77bb77,,bb74 7v7 ,the right shall terminate on the date that is the earlier of-- 7,i7 the date on which the #aj-year period or #e-year period described in clause 7iv77,i77bb7 terminates without renewal2 or 7,,ii7 the date that is #gj years after the death of the individual4 7,b7 ,requirements for license 7i7 ,in general ,a license described in subparagraph 7,a77i77,,iii7-- 7,i7 while the applicable individual is living1 is valid only to the extent that the license duration does not exceed #aj years2 and 7,,ii7 shall be valid only if the license agreement-- 7aa7 is in writing and signed by-- 7,,aa7 the applicable individual2 or 7,,bb7 in the case of a deceased individual1 the right holder or an authorized representative of the right holder2 and 7bb7 includes a reasonably specific description of the intended uses of the applicable digital replica4 7ii7 ,licenses involving a minor ,a license described in subparagraph 7,a77i77,,iii7 involving a living individual who is younger than #ah years of age-- 7,i7 is valid only to the extent that the license duration does not exceed #e years1 but in any case terminates when the individual reaches #ah years of age2 and 7,,ii7 shall be valid only if the license agreement-- 7aa7 is in writing and signed by the individual or an authorized representative of the individual2 7bb7 includes a reasonably specific description of the intended uses of the digital replica2 and 7cc7 is approved by a court in accordance with applicable ,state law4 7iii7 ,collective bargaining agreements ,the provisions of clauses 7i7 and 7ii7 shall not apply with respect to a license if the license is governed by a collective bargaining agreement that addresses digital replicas4 7iv7 ,limitation ,the provisions of clauses 7i7 and 7ii7 shall not affect terms and conditions of a license or related contract other than those described in this subparagraph1 and the expiration of that license shall not affect the remainder of the license or related contract4 7,c7 ,requirements for post-mortem transfer ,a post-mortem transfer or license described in subparagraph 7,a77iii77,i7 shall be valid only if the transfer agreement or license agreement is in writing and signed by the right holder or an authorized representative of the right holder4 7,d7 ,registration for post-mortem renewal 7i7 ,in general ,the renewal of a post-mortem right under subparagraph 7,a77iv77,i77bb77,,bb7 shall be effective if1 during the applicable #b-year renewal period described in that subparagraph1 the right holder files a notice with the ,register of ,copyrights that complies with such requirements regarding form and filing procedures as the ,register of ,copyrights may prescribe by regulation1 which shall include-- 7,i7 the name of the deceased individual2 7,,ii7 a statement1 under penalty of perjury1 that the right holder has engaged in active and authorized public use of the voice or visual likeness in interstate or foreign commerce during the applicable #b-year period2 7,,iii7 the identity of and contact information for the right holder2 and 7,,iv7 such other information as the ,register of ,copyrights may prescribe by regulation4 7ii7 ,directory ,the ,register of ,copyrights-- 7,i7 shall-- 7aa7 maintain a current directory of post-mortem digital replication rights registered under this subparagraph2 and 7bb7 make the directory described in item 7aa7 available to the public for inspection online2 and 7,,ii7 may require payment of a reasonable filing fee by the right holder filing notice under clause 7i71 which may take into consideration the costs of maintaining the directory described in subclause 7,i7 of this clause4 7iii7 ,voluntary initial registration 7,i7 ,in general ,a right holder may voluntarily register the post-mortem right under subparagraph 7,a77iv77,i77bb77,,aa7 by filing a notice with the ,register of ,copyrights that complies with such requirements regarding form1 content1 and filing procedures as the ,register of ,copyrights may prescribe by regulation4 7,,ii7 ,authority of ,register of ,copyrights ,the ,register of ,copyrights may-- 7aa7 include a voluntary registration of the post-mortem right under subparagraph 7,a77iv77,i77bb77,,aa7 in the directory maintained under clause 7ii77,i77aa7 of this subparagraph2 and 7bb7 require payment of a reasonable filing fee by a right holder registering a right under this clause1 which may take into consideration the costs of maintaining the directory4 7iv7 ,initial post-mortem registration for individuals deceased #h years or longer as of date of enactment ,notwithstanding any other provision of this paragraph-- 7,i7 with respect to an individual who died not fewer than #aj years before the date of enactment of this ,act1 the applicable right holder may1 not later than #ij days after the effective date of this section1 voluntarily register the post-mortem right under subparagraph 7,a77iv77,i77bb77,,bb7 by filing with the ,register of ,copyrights a notice that complies with such requirements as the ,register of ,copyrights may prescribe by regulation under clause 7i71 if the right holder demonstrates the required authorized public use of the voice or visual likeness of the individual in interstate or foreign commerce during the #b-year period preceding the date of enactment of this ,act1 subject to protection during the periods of exclusivity and termination under clauses 7iv7 and 7v7 of subparagraph 7,a72 and 7,,ii7 with respect to an individual who died not fewer than #h1 and fewer than #aj1 years before the date of enactment of this ,act1 the applicable right holder may file a notice under clause 7i7 or subclause 7,i7 of this clause4 7v7 ,authority of ,register of ,copyrights ,the ,register of ,copyrights may make such interpretations and resolve such ambiguities as may be appropriate to carry out this subparagraph4 7,e7 ,post-expiration or termination utilization of authorized uses ,a digital replica that is embodied in a sound recording1 image1 audiovisual work1 including an audiovisual work that does not have any accompanying sounds1 or transmission1 and the use of which is authorized pursuant to the terms of a license1 may continue to be utilized in a manner consistent with the terms of that license after the expiration or termination of the license4 7c7 ,liability 7#a7 ,in general ,any individual or entity that1 in a manner affecting interstate or foreign commerce 7or using any means or facility of interstate or foreign commerce71 engages in an activity described in paragraph 7#b7 shall be liable in a civil action brought under subsection 7e74 7#b7 ,activities described ,an activity described in this paragraph is either of the following3 7,a7 ,the public display1 distribution1 transmission1 or communication of1 or the act of otherwise making available to the public1 including by acting as a third party commercial supplier of sound recordings to a digital music provider1 a digital replica without authorization by the applicable right holder4 7,b7 ,distributing1 importing1 transmitting1 or otherwise making available to the public a product or service that-- 7i7 is primarily designed to produce #a or more digital replicas of a specifically identified individual or individuals without the authorization of-- 7,i7 such individual or individuals2 7,,ii7 the applicable right holder2 or 7,,iii7 the law2 7ii7 has only limited commercially significant purpose or use other than to produce a digital replica of a specifically identified individual or individuals without the authorization of-- 7,i7 such individual or individuals2 7,,ii7 the applicable right holder2 or 7,,iii7 the law2 or 7iii7 is marketed1 advertised1 or otherwise promoted by the individual or entity described in paragraph 7#a71 or another individual or entity acting in concert with the individual or entity described in paragraph 7#a7 with the knowledge of the individual or entity described in paragraph 7#a71 as a product or service designed to produce a digital replica of a specifically identified individual or individuals without the authorization of-- 7,i7 such individual or individuals2 7,,ii7 the applicable right holder2 or 7,,iii7 the law4 7#c7 ,notice or knowledge required ,to incur liability under this subsection1 the following shall apply3 7,a7 7i7 ,with respect to an activity carried out under paragraph 7#b7 by the provider of an online service described in clause 7ii71 the designated agent with respect to the provider must have received a notification that satisfies the requirements under subsection 7d77#c71 or a court order stating1 or must have willfully avoided receipt of such a notification or court order1 that the applicable material is-- 7,i7 a digital replica1 the use of which was not authorized by the applicable right holder2 or 7,,ii7 a product or service described in paragraph 7#b77;,b74 7ii7 ,an online service described in this clause is an online service that is-- 7,i7 described in subsection 7a77#e77;,a77i72 7,,ii7 described in subsection 7a77#e77;,a77ii71 with respect to sound recordings that are predominantly the fixation of sounds of a performance of a musical composition and are user uploaded material2 or 7,,iii7 described in subsection 7a77#e77;,a77iii71 with respect to material placed on that online service by or at the direction of a third party4 7,b7 ,with respect to an activity carried out under paragraph 7#b7 by an individual or entity that is not an online service1 or an activity carried out under paragraph 7#b7 by the provider of an online service that is not described in subparagraph 7,a77ii71 the individual or entity must have actual knowledge1 or must willfully avoid having such knowledge1 that the applicable material is-- 7i7 a digital replica1 the use of which was not authorized by the applicable right holder2 or 7ii7 a product or service described in paragraph 7#b77;,b74 7#d7 ,exclusions ,liability under this subsection shall not extend to-- 7,a7 a service by wire or radio that provides the capability to transmit data to and receive data from all1 or substantially all1 internet endpoints1 including any capabilities that are incidental to enable the operation of the communications service of a provider of online services or network access1 or the operator of facilities for such service2 7,b7 a provider of an online service described in paragraph 7#c77;,a77ii7 alleged to have undertaken an activity described in paragraph 7#b7 if-- 7i7 it is not technologically or practically feasible for that provider to disable access to the offending material1 or disable the reference or link to that material1 at the specific location identified in the applicable notification sent under subsection 7d77#c72 or 7ii7 disabling access to the offending material is prohibited by law2 7,c7 a nonprofit library or archives-- 7i7 that is eligible for the limitations on exclusive rights under section #ajh of title #ag1 ,united ,states ,code2 7ii7 the collections of which are-- 7,i7 open to the public2 or 7,,ii7 available not only to researchers affiliated with the library or archives1 or with the institution of which the library or archives is a part1 but also to other persons doing research in a specialized field2 7iii7 that has a public service mission2 7iv7 the trained staff or volunteers of which provide professional services normally associated with libraries and archives2 and 7v7 the collections of which are composed of lawfully acquired or licensed materials that are made available consistent with the requirements of title #ag1 ,united ,states ,code2 7,d7 an accredited nonprofit educational institution with respect to an activity undertaken without any purpose of direct or indirect commercial advantage2 7,e7 an employee of an institution described in subparagraph 7,c7 or 7,d7 acting within the scope of the employment of that individual2 7,f7 any other person solely with respect to providing online or network access services to an institution described in subparagraph 7,c7 or 7,d7 in the course of providing those services to that institution2 or 7,g7 an individual or entity that is not an online service1 if1 upon obtaining actual knowledge of an activity described in paragraph 7#b71 the individual or entity acts as soon as technologically and practically feasible to remove or disable access to the applicable material4 7#e7 ,additional exclusions 7,a7 ,in general ,an activity shall not be considered to be an activity described in paragraph 7#b7 if-- 7i7 the applicable digital replica is used in a bona fide news1 public affairs1 or sports broadcast or account1 provided that the digital replica is the subject of1 or is materially relevant to1 the subject of that broadcast or account2 7ii7 the applicable digital replica is a representation of the applicable individual as the individual in a documentary or in a historical or biographical manner1 including some degree of fictionalization1 unless-- 7,i7 the use of that digital replica creates the false impression that the work is an authentic sound recording1 image1 transmission1 or audiovisual work in which the individual participated2 or 7,,ii7 the digital replica is embodied in a musical sound recording that is synchronized to accompany a motion picture or other audiovisual work1 except to the extent that the use of that digital replica is protected by the ,first ,amendment to the ,constitution of the ,united ,states2 7iii7 the applicable digital replica is used consistent with the public interest in bona fide commentary1 criticism1 scholarship1 satire1 or parody2 7iv7 the use of the applicable digital replica is fleeting or negligible2 or 7v7 the applicable digital replica is used in an advertisement or commercial announcement for a purpose described in any of clauses 7i7 through 7iv7 and the applicable digital replica is relevant to the subject of the work so advertised or announced4 7,b7 ,applicability ,subparagraph 7,a7 shall not apply where the applicable digital replica is used to depict sexually explicit conduct1 as defined in section #bbef7b77;,a7 of title #ah1 ,united ,states ,code4 7#f7 ,voluntary use of tools to remove or disable access ,the voluntary use of any tool to remove or disable access to content shall not alone confer actual knowledge of a particular violation of this section4 7d7 ,safe harbors 7#a7 ,in general 7,a7 ,products and services capable of producing digital replicas ,no individual or entity shall be directly or secondarily liable under this section for an activity described in subsection 7c77#b77;,a7 by virtue of distributing1 importing1 transmitting1 or otherwise making available to the public a product or service unless the product or service is a product or service described in subsection 7c77#b77;,b74 7,b7 ,online services ,the provider of an online service shall not be liable for an activity that violates subsection 7c71 or for referring or linking to the material embodying an unauthorized digital replica or a product or service described in subsection 7c77#b77;,b71 if-- 7i7 for the provider of an online service described in subsection 7a77#e77;,a77iii7 7other than a search engine or a search component of a service71 the provider has adopted and reasonably implemented1 and has informed users of the online service of1 a policy that provides for the termination in appropriate circumstances of account holders of the online service that are repeat violators of subsection 7c77#b71 provided that the failure to terminate a particular account holder in accordance with that policy shall subject the provider of the online service to potential liability only with respect to violating content posted by that account holder2 and 7ii7 7,i7 upon receiving a notification that satisfies the requirements under paragraph 7#c71 the provider-- 7aa7 removes or disables access to the work embodying the claimed unauthorized use of a digital replica or the product or service specifically identified in a notice sent under that paragraph1 or1 as applicable1 the link or reference to the unauthorized use of a digital replica or product or service1 as soon as is technologically and practically feasible for that provider2 7bb7 for the provider of an online service described in subsection 7a77#e77;,a77i71 as soon as is technologically and practically feasible for that provider1 removes or disables access to all other publicly available instances of the work embodying the claimed unauthorized use of a digital replica that-- 7,,aa7 match the digital fingerprint of an unauthorized use of a digital replica specifically identified in a notification sent under paragraph 7#c72 and 7,,bb7 are uploaded after valid1 applicable notice was submitted to1 and processed by1 the provider2 7cc7 for the provider of an online service described in subsection 7a77#e77;,a77ii71 with respect to sound recordings that are predominantly the fixation of sounds of a performance of a musical composition and are user uploaded material1 as soon as is technologically and practically feasible for that provider1 removes or disables access to all other publicly available instances of the work embodying the claimed unauthorized use of a digital replica that-- 7,,aa7 match the digital fingerprint of an unauthorized use of a digital replica specifically identified in a notification sent under paragraph 7#c72 and 7,,bb7 are uploaded after valid1 applicable notice was submitted to1 and processed by1 the provider2 and 7dd7 takes reasonable steps to promptly notify the right holder1 and the party that placed the material on the online service1 that the online service removed or disabled access to the material2 and 7,,ii7 the provider1 in the case that the provider receives a counter-notification that satisfies the requirements under paragraph 7#d7 and opts to replace the removed material or cease disabling access to that material-- 7aa7 takes reasonable steps to promptly provide the individual or entity that provided the applicable notification under paragraph 7#c7 with a copy of the counter-notification2 and 7bb7 not less than #ad days after the date on which the provider receives that counter-notification1 replaces the removed material or ceases disabling access to that material1 unless an eligible plaintiff described in subsection 7e7 brings an action under that subsection1 in which case the provider shall remove the material or disable access to the material as soon as is technologically and practically feasible for the provider4 7#b7 ,designated agent 7,a7 ,designation 7i7 ,in general ,a provider of an online service described in clause 7i7 or 7ii7 of subsection 7a77#e77;,a7 shall1 and a provider of an online service that is described in subsection 7a77#e77;,a77iii7 and is eligible for registration may1 register a designated agent in accordance with this paragraph4 7ii7 ,contents ,to designate an agent under clause 7i71 the provider of an online service shall make available through that online service1 in a location accessible to the public1 and provide to the ,copyright ,office1 substantially the following information3 7,i7 ,the name1 address1 telephone number1 and electronic mail address of the agent4 7,,ii7 ,other contact information that the ,register of ,copyrights may determine appropriate4 7,b7 ,directory ,the ,register of ,copyrights-- 7i7 shall-- 7,i7 maintain a current directory of designated agents for the purposes of this paragraph2 and 7,,ii7 make the directory described in subclause 7,i7 available to the public for inspection1 including through the internet2 and 7ii7 may require payment of a fee by the provider of an online service to cover the costs of maintaining the directory described in clause 7i77,i74 7,c7 ,effect of failure to designate ,there shall be established a presumption that a provider of an online service described in subparagraph 7,a77i7 has not undertaken a good faith effort to comply with this subsection if the provider has failed to register a designated agent under this paragraph by the later of-- 7i7 the date that is #ij days after the effective date of this section2 or 7ii7 the date that is #ij days after the date on which the provider becomes a provider described in subparagraph 7,a77i74 7#c7 ,elements of notification ,to be effective under this subsection1 a notification of a claimed violation of the right described in subsection 7b7 shall be a written communication provided to the designated agent registered under this subsection with respect to the applicable provider of an online service that includes the following3 7,a7 ,a physical or electronic signature of the right holder1 an individual or entity authorized to act on behalf of the right holder1 or an eligible plaintiff under subsection 7e77#a74 7,b7 ,identification of the individual1 the voice or visual likeness of whom is at issue with respect to an unauthorized use of a digital replica or a product or service described in subsection 7c77#b77;,b74 7,c7 ,identification of the material embodying an unauthorized use of a digital replica or a product or service described in subsection 7c77#b77;,b71 including information sufficient to allow the provider to locate the identified material4 7,d7 ,information reasonably sufficient to permit the provider to contact the notifying party1 such as an address1 telephone number1 and email address4 7,e7 ,a statement that the notifying party believes in good faith that-- 7i7 the material is-- 7,i7 a digital replica1 the use of which is unauthorized2 or 7,,ii7 a product or service described in subsection 7c77#b77;,b72 and 7ii7 the exclusions under subsection 7c77#e7 do not apply4 7,f7 ,if not the right holder or an eligible plaintiff under subsection 7e77#a71 a statement1 under penalty of perjury1 that the notifying party has the authority to act on behalf of the right holder4 7,g7 ,for the purposes of paragraph 7#a77;,b71 information reasonably sufficient to-- 7i7 identify the reference or link to the material or activity claimed to be or embodying an unauthorized use of a digital replica1 or a product or service described in subsection 7c77#b77;,b71 that is to be removed or to which access is to be disabled2 and 7ii7 permit the provider to locate the reference or link described in clause 7i74 7#d7 ,elements of counter-notification ,to be effective under this subsection1 a counter-notification with respect to a notification provided under paragraph 7#c7 shall be a written communication that satisfies the following3 7,a7 ,the counter-notification is provided-- 7i7 to the designated agent of the online service provider to which that notification was submitted under paragraph 7#c72 and 7ii7 by the party that placed the applicable material on the online service4 7,b7 ,the counter notification includes the following3 7i7 ,a physical signature1 witnessed or attested to in person by a licensed notary public1 of the individual or entity that placed the applicable material on the online service4 7ii7 ,an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before the material was removed or access to the material was disabled4 7iii7 ,information that is reasonably sufficient to permit the provider of the online service and the individual or entity that provided the notification under paragraph 7#c7 to contact the party providing the counter-notification1 including an address1 telephone number1 and email address4 7iv7 ,a statement made under penalty of perjury that the party providing the counter-notification has a good faith belief that the applicable material was removed1 or access to that material was disabled1 as a result of mistake or misidentification of the material to be removed or access to which was to be disabled1 which shall include a specific assertion by the party providing the counter-notification that such material-- 7,i7 is not a digital replica2 7,,ii7 is an authorized use of a digital replica2 or 7,,iii7 is an unauthorized use of a digital replica that satisfies an exclusion under paragraph 7#d7 or 7#e7 of subsection 7c71 a limitation on liability under subsection 7e77#c71 or any other requirement with respect to a valid legal defense1 which shall include a succinct explanation of how such material satisfies the applicable exclusion1 limitation1 or requirement4 7v7 ,a statement that the individual or entity that placed the applicable material on the online service-- 7,i7 consents to the jurisdiction of the district court of the ,united ,states for the judicial district in which the address provided under clause 7iii7 is located 7or1 if that address is outside of the ,united ,states1 for any judicial district of the ,united ,states in which that individual or entity may be found72 and 7,,ii7 will accept service of process from-- 7aa7 the individual or entity that provided notification under paragraph 7#c72 or 7bb7 an agent of the individual or entity described in item 7aa74 7#e7 ,penalties for false or deceptive notice 7,a7 ,knowing material representations 7i7 ,in general ,it shall be unlawful to knowingly materially misrepresent-- 7,i7 in a notification provided under paragraph 7#c7-- 7aa7 that the material requested to be removed1 or access to which is requested to be disabled1 is a digital replica1 the use of which is unauthorized2 7bb7 that the exclusions under subsection 7c77#e7 do not apply2 or 7cc7 that an individual or entity has the authority to act on behalf of the right holder2 or 7,,ii7 in a counter-notification provided under paragraph 7#d71 that-- 7aa7 material was removed1 or access to material was disabled1 by mistake or misidentification2 7bb7 the material removed1 or to which access was disabled1 is not a digital replica2 or 7cc7 the material removed1 or to which access was disabled1 is subject to an exclusion under subsection 7c77#e71 a limitation on liability under subsection 7e77#c71 or any other valid legal defense4 7ii7 ,failure to perform good faith review ,the failure to consider in good faith any of the issues described in clause 7i77,i7 before providing a notification under paragraph 7#c71 or any of the issues described in clause 7i77,,ii7 before providing a counter-notification under paragraph 7#d71 shall constitute a knowing material misrepresentation under this subparagraph4 7,b7 ,penalties ,in addition to the cause of action and remedies made available under subsection 7e71 any individual or entity that violates subparagraph 7,a7 of this paragraph shall be liable to the applicable right holder1 the alleged violator that uploaded the applicable material1 or the provider of an online service injured by the misrepresentation1 for an amount equal to the greater of-- 7i7 #be1jjj per notification provided under paragraph 7#c71 or counter-notification provided under paragraph 7#d71 that contains a misrepresentation described in subparagraph 7,a7 of this paragraph2 or 7ii7 the sum of-- 7,i7 any actual damages incurred by the applicable right holder or alleged violator1 as well as by any provider of an online service or other individual or entity injured by the misrepresentation2 and 7,,ii7 any costs and attorney's fees incurred by the applicable recipient of a notification under paragraph 7#c71 or a counter-notification under paragraph 7#d71 that prevails in an action alleging that the notification or counter-notification1 as applicable1 was false or deceptive4 7e7 ,civil action 7#a7 ,eligible plaintiffs ,a civil action against an individual or entity that1 in a manner affecting interstate commerce 7or using any means or facility of interstate commerce71 commits a violation of subsection 7c7 may be brought by-- 7,a7 the applicable right holder2 7,b7 if the applicable right holder is an individual who is younger than #ah years of age1 a parent or guardian of that individual2 or 7,c7 in the case of a digital replica involving a sound recording artist1 any individual or entity that has1 directly or indirectly1 entered into-- 7i7 a contract for the exclusive personal services of the sound recording artist as a sound recording artist2 or 7ii7 an exclusive license to distribute or transmit #a or more works that capture the audio performance of the sound recording artist4 7#b7 ,limitations period ,a civil action may not be brought under this subsection unless the civil action is commenced not later than #c years after the date on which the party seeking to bring the civil action discovered1 or with due diligence should have discovered1 the applicable violation4 7#c7 ,limitation on liability for purely coincidental resemblance 7,a7 ,in general ,an individual or entity shall not be liable for engaging in an activity described in subsection 7c77#b77;,a7 if-- 7i7 the resemblance of the voice or visual likeness embodied in the applicable digital replica to the voice or visual likeness of the actual individual is purely coincidental2 and 7ii7 7,i7 the actual individual has not achieved public recognition2 or 7,,ii7 the voice or visual likeness of the actual individual does not have commercial value4 7,b7 ,disclaimer not evidence ,a disclaimer regarding the resemblance of the voice or visual likeness embodied in a digital replica to the voice or visual likeness of any actual individual shall not constitute evidence to support the limitation under subparagraph 7,a74 7#d7 ,defense not permitted ,it shall not be a defense in a civil action brought under this subsection that the defendant displayed or otherwise communicated to the public a disclaimer stating that the applicable use of a digital replica1 or the applicable product or service described in subsection 7c77#b77;,b71 was unauthorized or disclosed that the digital replica1 product1 or service was generated through the use of artificial intelligence or other technology4 7#e7 ,remedies 7,a7 ,in general ,in any civil action brought under this subsection-- 7i7 an individual or entity found to have committed a violation of subsection 7c7 shall be liable to the injured party in an amount equal to the greater of-- 7,i7 7aa7 in the case of an individual1 #e1jjj per work embodying the applicable unauthorized use of a digital replica2 7bb7 in the case of a provider of an online service that has undertaken a good faith effort to implement all applicable obligations of paragraphs 7#a7 through 7#d7 of subsection 7d71 #be1jjj per work embodying the applicable unauthorized use of a digital replica2 7cc7 in the case of a provider of an online service that has not undertaken a good faith effort to implement all applicable obligations of paragraphs 7#a7 through 7#d7 of subsection 7d71 #e1jjj per unauthorized display1 copy made1 transmission1 and instance of the digital replica being made available on the online service in a sum of not more than #gej1jjj per work embodying the applicable unauthorized use of a digital replica2 and 7dd7 in the case of an entity that is not a provider of an online service1 #be1jjj per work embodying the applicable unauthorized use of a digital replica2 or 7,,ii7 any actual damages suffered by the injured party as a result of the activity1 plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages2 7ii7 an individual or entity found to have violated subsection 7c7 by virtue of engaging in an activity described in subsection 7c77#b77;,b7 shall be liable to the injured party in an amount equal to the greater of-- 7,i7 7aa7 in the case of an individual1 #e1jjj per product or service2 7bb7 in the case of a provider of an online service that has undertaken a good faith effort to implement all applicable obligations of paragraphs 7#a7 through 7#d7 of subsection 7d71 #be1jjj per product or service2 7cc7 in the case of a provider of an online service that has not undertaken a good faith effort to implement all applicable obligations of paragraphs 7#a7 through 7#d7 of subsection 7d71 #gej1jjj per product or service2 or 7dd7 in the case of an entity that is not a provider of an online service1 #be1jjj per product or service2 or 7,,ii7 any actual damages suffered by the injured party as a result of the activity1 plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages2 7iii7 the plaintiff may seek injunctive or other equitable relief2 7iv7 in the case of willful activity in which the injured party has proven that the defendant acted with malice1 fraud1 knowledge1 or willful avoidance of knowledge that the conduct violated the law1 the court may award to the injured party punitive damages2 and 7v7 if the prevailing party is-- 7,i7 the party bringing the action1 the court shall award reasonable attorney's fees2 or 7,,ii7 the party defending the action1 the court shall award reasonable attorney's fees if the court determines that the action was not brought in good faith4 7,b7 ,objectively reasonable belief ,a provider of an online service that has designated an agent under subsection 7d77#b7 and has an objectively reasonable belief that material that is claimed to be a digital replica1 the use of which is unauthorized1 does not qualify as a digital replica shall be liable only for actual damages under subparagraph 7,a7 if the material is ultimately determined to be a digital replica1 the use of which is unauthorized4 7f7 ,subpoena ,to identify violator 7#a7 ,request ,a right holder1 an individual or entity authorized to act on behalf of a right holder1 or an eligible plaintiff under subsection 7e77#a7 may request the clerk of any district court of the ,united ,states to issue a subpoena to a provider of an online service for identification of an alleged violator of this section in accordance with this subsection4 7#b7 ,contents of request ,a request under paragraph 7#a7 may be made by filing with the clerk-- 7,a7 a copy of a notification described in subsection 7d77#c72 7,b7 a proposed subpoena2 and 7,c7 a sworn declaration to the effect that-- 7i7 the purpose of the subpoena is to obtain the identity of an individual or entity alleged to be liable under subsection 7c72 and 7ii7 the information described in clause 7i7 will only be used for the purpose of protecting rights under this section4 7#c7 ,contents of subpoena ,a subpoena issued under this subsection shall authorize and order the provider of the applicable online service to expeditiously disclose to the party that sought the subpoena information sufficient to identify the alleged violator by virtue of the activity described in the notification to the extent that information is available to the provider of the online service4 7#d7 ,basis for granting subpoena ,if a proposed subpoena under this subsection is in proper form1 the applicable notification filed satisfies the requirements under subsection 7d77#c71 and the accompanying declaration is properly executed1 the clerk shall expeditiously issue and sign the proposed subpoena and return the subpoena to the requester for delivery to the provider of the applicable online service4 7g7 ,preemption 7#a7 ,in general ,the rights established under this section shall preempt any cause of action under ,state law for the protection of an individual's voice and visual likeness rights in connection with a digital replica1 as defined in this section1 in an expressive work4 7#b7 ,rule of construction ,notwithstanding paragraph 7#a71 nothing in this section may be construed to preempt-- 7,a7 causes of action under ,state statutes or common law in existence1 as of ,january #b1 #bjbe1 regarding a digital replica2 7,b7 causes of action under ,state statutes specifically regulating a digital replica depicting sexually explicit conduct1 as defined in section #bbef7b77;,a7 of title #ah1 ,united ,states ,code1 or an election-related digital replica2 or 7,c7 causes of action under ,state statutes or common law in existence1 as of ,january #b1 #bjbe1 for the distributing1 importing1 transmitting1 or otherwise making available to the public a product or service capable of producing #a or more digital replicas4 7h7 ,rules of construction 7#a7 ,laws pertaining to intellectual property ,this section shall be considered to be a law pertaining to intellectual property for the purposes of section #bcj7;e77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bcj7;e77#b774 7#b7 ,no duty to monitor ,except as expressly provided in subsection 7d77#a77;,b77ii71 nothing in this section may be construed to require the provider of an online service to-- 7,a7 monitor the online service for1 or affirmatively seek facts about1 any digital replica2 or 7,b7 gain access to material4 7i7 ,severability ,if any provision of this section1 or the application of a provision of this section1 is held to be invalid1 the validity of the remainder of this section1 and the application of that provision to other individuals1 entities1 and circumstances1 shall not be affected by that holding4 7j7 ,retroactive effect 7#a7 ,liabilities ,liability under this section shall apply only to-- 7,a7 conduct occurring after the date of enactment of this ,act2 and 7,b7 in the case of conduct covered by a license or contract1 a license or contract that is executed after the date of enactment of this ,act4 7#b7 ,digital replication right ,the right granted under subsection 7b7-- 7,a7 shall apply to any individual1 regardless of whether the individual dies before1 on1 or after the date of enactment of this ,act2 and 7,b7 in the case of a right holder who has died before the date of enactment of this ,act1 shall vest in the executors1 heirs1 assignees1 or devisees of the right holder4 7k7 ,effective date ,this section shall take effect on the date that is #ahj days after the date of enactment of this ,act4 ,june #bd1 #bjbf,reported with an amendment