Protecting Voice and Likeness from Unauthorized Digital Replicas (Deepfakes)
This Act establishes a federal property right over an individual's voice and visual likeness, protecting them from unauthorized use in AI-generated digital replicas (deepfakes). Citizens, including artists and their heirs, gain the power to sue those who create or distribute realistic, fake recordings or images without consent. The law aims to ensure control over one's digital identity and prevent fraud, while maintaining exceptions for free speech like satire and news reporting.
Key points
New Property Right: Every individual (living or deceased) has the exclusive right to authorize the use of their voice or visual likeness in a digital replica.
High Penalties for Violations: Individuals or entities creating or distributing unauthorized deepfakes face statutory damages ranging from $5,000 to $25,000 per violation, plus actual damages.
Post-Mortem Protection: The right survives death and can be inherited, protecting an individual's legacy for up to 70 years.
Online Platform Responsibility: Online services (like social media) must remove unauthorized deepfakes promptly upon receiving a valid notice from the right holder to qualify for liability protection.
Free Speech Exceptions: The law includes exceptions for use in news, commentary, satire, parody, or historical/biographical accounts, unless the replica depicts sexually explicit conduct.
Expired
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