Preventing Abuse of Digital Replicas Act

This bill changes federal trademark law for lawsuits about "digital replicas," meaning computer-generated copies of a living person's image, voice, or likeness that are identical to or nearly impossible to tell apart from the real person. When someone sues over a digital replica used with goods or services, the court would presume the use is likely to confuse people about whether the person endorsed it, unless the other side proves otherwise. This presumption would not apply to claims of indirect liability, to uses in expressive works such as films or their promotion, or to uses protected by the First Amendment. A person who relies on this presumption could not also sue under most other federal, state, or local laws for the same use. The law would count as an intellectual property law, which affects how online platforms may be held responsible under Section 230.

Full text and official record on Congress.gov

Sponsors

• Darrell Issa Republican sponsor
• 0 cosponsors