Text of Senate Amendment 6089

On 2026-06-24, Senator Christopher A. Coons (D-DE) delivered a floor speech titled "Text Of Senate Amendment 6089" in the Senate.

Text of Senate Amendment 6089

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3299-S3303] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 6089. Mr. COONS (for himself and Mrs. Blackburn) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place, insert the following: SEC. ___. 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, 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 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, aggregator of visual and audiovisual works for licensing, or website hosting service or any other interactive computer service that is not covered under clause (i), and is not a digital music provider to which section 115 of title 17, United States Code, applies, 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, cloud storage service, or search engine, if the primary function of that website, online application, mobile application, virtual reality environment, application store, cloud storage service, or search engine 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.--The term ``user uploaded material''-- (A) means material, such as a video, image, audio file, or other similar material, that is placed on a service directly by, or at the direction of, a consumer end user of a service; and (B) does not include material that is-- (i) embodied in a video game; and (ii) generated or customized by a consumer end user of that video game. (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-- (A) the use of a digital replica embodying the voice or visual likeness of the individual; or (B) 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 (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, including through involuntary transfer, such as by means of bankruptcy, levy, lien enforcement, court order, or other legal process; 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, assignees, 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)(I) The right shall be exclusive to-- (aa) the individual, subject to the licensing of the right during the lifetime of that individual under subparagraph (B); and (bb) 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 in interstate or foreign commerce during the 2-year period preceding the expiration of the 10-year period described in subitem (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 in interstate or foreign commerce during the 2-year period preceding the expiration of each additional 5-year period. (II) 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 (I)(bb)(BB). (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)(I)(bb) 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 applicable individual is living, is valid only to the extent that the license duration does not exceed 10 years; and [[Page S3300]] (II) shall be valid only if the license agreement-- (aa) is in writing and signed by-- (AA) the applicable individual; or (BB) in the case of a deceased individual, the right holder or an authorized representative of the right holder; 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 othe