[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2794 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 2794
To protect intellectual property rights in the voice and visual
likeness of individuals, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 9, 2025
Ms. Salazar (for herself, Ms. Dean of Pennsylvania, Mr. Moran, Ms.
Balint, and Mr. Morelle) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To protect intellectual property rights in the voice and visual
likeness of individuals, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Nurture Originals, Foster Art, and
Keep Entertainment Safe Act of 2025'' or the ``NO FAKES Act of 2025''.
SEC. 2. VOICE AND VISUAL LIKENESS RIGHTS.
(a) Definitions.--In this section:
(1) Digital fingerprint.--The term ``digital fingerprint''
means an electronic label or identifier created by a
cryptographic hash function (or similar function), or any other
digital process, tool, or technique selected by the provider of
an online service, 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 material.
(2) Digital replica.--The term ``digital replica''--
(A) means a newly created, computer-generated,
highly realistic electronic representation that is
readily identifiable as the voice or visual likeness of
an individual that--
(i) is embodied in a sound recording,
image, audiovisual work, including an
audiovisual work that does not have any
accompanying sounds, or transmission--
(I) in which the actual individual
did not actually perform or appear; or
(II) that is a version of a sound
recording, image, or audiovisual work
in which the actual individual did
perform or appear, in which the
fundamental character of the
performance or appearance has been
materially altered; and
(B) does not include the electronic reproduction,
use of a sample of one sound recording or audiovisual
work into another, remixing, mastering, or digital
remastering of a sound recording or audiovisual work
authorized by the copyright holder.
(3) Individual.--The term ``individual'' means a human
being, living or dead.
(4) Interactive computer service.--The term ``interactive
computer service'' means any information service, system, or
access software provider that provides or enables computer
access by multiple users to a computer server, including
specifically--
(A) a service or system that provides access to the
internet; and
(B) such systems operated, or services offered, by
libraries or educational institutions.
(5) Online service.--The term ``online service''--
(A) means--
(i) any website, online application, mobile
application, or virtual reality environment
that predominantly provides public access to
user uploaded material;
(ii) any digital music provider to which
section 115 of title 17, United States Code,
applies that provides public access to user
uploaded material if that digital music
provider is not covered under clause (i); and
(iii) any online application, mobile
application, virtual reality environment,
application store, search engine (including any
feature that provides web search results),
advertising service or network, online shopping
service or platform, electronic commerce
provider, mapping service, cloud storage
service, or website hosting service or any
other interactive computer service that is not
covered under clause (i) and that provides
public access to user uploaded material, but
only if the provider of that interactive
computer service has registered a designated
agent with the Copyright Office under
subsection (d)(2); and
(B) does not include any website, online
application, mobile application, virtual reality
environment, application store, search engine, or cloud
storage service that predominantly provides public
access to user uploaded products or services, the
primary function of which is to distribute, import,
transmit, or otherwise make available to the public a
product or service described in subsection (c)(2)(B).
(6) Right holder.--The term ``right holder'' means--
(A) the individual, the voice or visual likeness of
whom is at issue with respect to a digital replica or a
product or service described in subsection (c)(2)(B);
and
(B) any other individual or entity that has
acquired, through a license, inheritance, or otherwise,
the right to authorize the use of the voice or visual
likeness described in subparagraph (A).
(7) 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
individual.
(8) User uploaded material.--
(A) In general.--The term ``user uploaded
material'' means material, such as a video, image,
game, audio file, or other material, that is placed on
a service directly by or at the direction of an end
user of a service.
(B) Scope of end user.--For the purposes of
subparagraph (A), an end user, with respect to an
online service, does not include--
(i) a third-party commercial provider of
sound recordings to a digital music provider;
or
(ii) an employee or agent of the online
service acting on behalf of the provider of the
online service.
(b) Digital Replication Right.--
(1) In general.--Subject to the other provisions of this
section, each individual or right holder shall have the right
to authorize the use of the voice or visual likeness of the
individual--
(A) in a digital replica; or
(B) 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 (c)(2)(B).
(2) Nature of right.--
(A) In general.--The right described in paragraph
(1) shall have the following characteristics:
(i) The right is--
(I) a property right;
(II) not assignable during the life
of the individual; and
(III) licensable, in whole or in
part, exclusively or non-exclusively,
by the right holder.
(ii) The right shall not expire upon the
death of the individual, without regard to
whether the right is commercially exploited by
the individual during the lifetime of the
individual.
(iii) Upon the death of the individual--
(I) the right is transferable and
licensable, in whole or in part, by the
executors, heirs, assigns, licensees,
or devisees of the individual; and
(II) ownership of the right may
be--
(aa) transferred, in whole
or in part, by any means of
conveyance or by operation of
law; and
(bb) bequeathed by will or
pass as personal property by
the applicable laws of
intestate succession.
(iv) The right shall be exclusive to--
(I) the individual, subject to the
licensing of the right during the
lifetime of that individual under
subparagraph (B); and
(II) the right holder--
(aa) for a period of 10
years after the death of the
individual; and
(bb) if the right holder
demonstrates active and
authorized public use of the
voice or visual likeness of the
individual during the 2-year
period preceding the expiration
of the 10-year period described
in item (aa), for an additional
5-year period, subject to
renewal for additional 5-year
periods, provided the right
holder can demonstrate
authorized public use of the
voice or visual likeness of the
individual during the 2-year
period preceding the expiration
of each additional 5-year
period.
(v) The right shall terminate on the date
that is the earlier of--
(I) the date on which the 10-year
period or 5-year period described in
clause (iv)(II) terminates without
renewal; or
(II) the date that is 70 years
after the death of the individual.
(B) Requirements for license.--
(i) In general.--A license described in
subparagraph (A)(i)(III)--
(I) while the individual is living,
is valid only to the extent that the
license duration does not exceed 10
years; and
(II) shall be valid only if the
license agreement--
(aa) is in writing and
signed by the individual or an
authorized representative of
the individual; and
(bb) includes a reasonably
specific description of the
intended uses of the applicable
digital replica.
(ii) Licenses involving a minor.--A license
described in subparagraph (A)(i)(III) involving
a living individual who is younger than 18
years of age--
(I) is valid only to the extent
that the license duration does not
exceed 5 years, but in any case
terminates when the individual reaches
18 years of age; and
(II) shall be valid only if the
license agreement--
(aa) is in writing and
signed by the individual or an
authorized representative of
the individual;
(bb) includes a reasonably
specific description of the
intended uses of the digital
replica; and
(cc) is approved by a court
in accordance with applicable
State law.
(iii) Collective bargaining agreements.--
The provisions of clauses (i) and (ii) shall
not apply with respect to a license if the
license is governed by a collective bargaining
agreement that addresses digital replicas.
(iv) Limitation.--The provisions of clauses
(i) and (ii) shall not affect terms and
conditions of a license or related contract
other than those described in this
subparagraph, and the expiration of that
license shall not affect the remainder of the
license or related contract.
(C) Requirements for post-mortem transfer.--A post-
mortem transfer or license described in subparagraph
(A)(iii)(I) 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 holder.
(D) Registration for post-mortem renewal.--
(i) In general.--The renewal of a post-
mortem right under subparagraph (A)(iv)(II)(bb)
shall be effective if, during the applicable 2-
year renewal period described in that
subparagraph, 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 regulation, which shall
include--
(I) the name of the deceased
individual;
(II) a statement, under penalty of
perjury, that the right holder has
engaged in active and authorized public
use of the voice or visual likeness
during the applicable 2-year period;
(III) the identity of and contact
information for the right holder; and
(IV) such other information as the
Register of Copyrights may prescribe by
regulation.
(ii) Directory.--The Register of
Copyrights--
(I) shall--
(aa) maintain a current
directory of post-mortem
digital replication rights
registered under this
subparagraph; and
(bb) make the directory
described in item (aa)
available to the public for
inspection online; and
(II) may require payment of a
reasonable filing fee by the right
holder filing notice under clause (i),
which may take into consideration the
costs of maintaining the directory
described in subclause (I) of this
clause.
(iii) Voluntary initial registration.--
(I) In general.--A right holder may
voluntarily register the post-mortem
right under subparagraph
(A)(iv)(II)(aa) by filing a notice with
the Register of Copyrights that
complies with such requirements
regarding form, content, and filing
procedures as the Register of
Copyrights may prescribe by regulation.
(II) Authority of register of
copyrights.--The Register of Copyrights
may--