S.Amdt. 6089

This amendment aims to add a new section to bill S. 4784 regarding Voice and Visual Likeness Rights. Its purpose is to establish a legal property right for individuals (living or dead) to control the use of their voice or visual likeness when used in a digital replica.

What it adds to the bill:

• Digital Replication Right: It creates a property right that allows an individual or their right holder to authorize the use of a digital replica. This right is licensable and continues after the individual's death.

• Liability and Penalties: It establishes that individuals or entities can be held liable in civil actions for distributing or making available unauthorized digital replicas or products designed to create them. It sets specific monetary penalties based on whether the violator is an individual or an online service provider.

• Safe Harbors for Online Services: It provides a way for online service providers to avoid liability if they follow specific procedures, such as designating an agent and removing unauthorized material upon receiving a valid notification.

• Legal Protections and Exclusions: It lists specific scenarios where liability does not apply, such as for bona fide news, sports broadcasts, documentaries, scholarship, satire, or parody.

• Enforcement Tools: It allows right holders to request subpoenas from district courts to identify alleged violators through online service providers.