SYSTEMIC ARCHITECTURE:Federal intellectual property standard designed to replace fragmented state publicity laws with a uniform federal digital replica protection regime.
Section 2(a)Exclusive Digital Replica Property Right
“Grants individuals direct statutory cause of action against any person or platform that produces, hosts, or distributes an unconsented digital replica in commerce.”
Judicial Interpretation: Applies strict liability for unconsented synthetic vocal models and AI likeness substitutions.
Section 4First Amendment Expressive Carve-Outs
“Exempts bona fide news reporting, public affairs commentary, biographical docudramas, and parody.”
Judicial Interpretation: Balances digital identity protection with constitutional free expression.