Likeness Act of 2024
Section 1: Title
This Act shall be known as the “Likeness Act of 2024.”
Section 2: Definitions
For the purposes of this Act:
- “Likeness” refers to a person’s image, voice, or any representation thereof, including but not limited to photographs, videos, audio recordings, digital renderings, and any other forms of media.
- “Publication” refers to any form of distribution or dissemination of a person’s likeness, whether through print, digital media, broadcasting, or any other means.
- “Non-profits” refers to organizations that operate exclusively for charitable, educational, or philanthropic purposes and do not engage in commercial activities.
Section 3: Rights to Likeness
- Reservation of Rights:
- All U.S. citizens reserve the exclusive right to their image, voice, and likeness. This includes the right to control the publication and commercial use of their likeness.
- Payment for Publication:
- Individuals are entitled to receive payment for the publication of their likeness by private or commercial platforms and channels. Non-profits are exempt from this requirement and may publish likenesses without charge.
- Retroactive Application:
- This Act applies retroactively to January 1, 1776. Any publication of a person’s likeness from that date onwards shall be subject to the provisions of this Act.
Section 4: Authorization and Consent
- Written Consent Requirement:
- Publication of a person’s likeness without authorization or written consent is prohibited. Unauthorized use of likenesses shall be subject to fines or imprisonment.
- Payment to Next of Kin:
- If a person is deceased, payment for the publication of their likeness shall be made to their next of kin. If no next of kin can be identified, the likeness shall be considered Public Domain and free to publish.
Section 5: Prohibitions and Penalties
- Unauthorized Publication:
- Companies or platforms that publish unauthorized likenesses without proper consent shall be fined for each likeness published, with fines accruing daily until compliance is achieved.
- Manipulation of Likeness:
- The manipulation of a person’s likeness using software or computers, including altering or digitally modifying images or voices, is prohibited without explicit written consent.
- Enforcement and Compliance:
- The Federal Trade Commission (FTC) shall oversee the enforcement of this Act, investigating violations and imposing fines or sanctions as necessary.
Section 6: Public Domain and Exceptions
- Public Domain Likeness:
- If a person’s likeness becomes Public Domain due to the inability to locate next of kin, it may be freely published. However, the publication of such likenesses must be documented and reported to the FTC.
- Non-Profit Exemption:
- Non-profit organizations may use and publish likenesses without payment obligations but must still obtain written consent where applicable.
Section 7: Implementation and Reporting
- Regulations:
- The FTC shall issue regulations necessary for the implementation and enforcement of this Act, including guidelines for consent, payment processes, and reporting requirements.
- Annual Report:
- An annual report shall be submitted to Congress detailing the enforcement activities, including statistics on violations and actions taken.
Section 8: Effective Date
This Act shall take effect immediately upon enactment.
Section 9: Review and Amendment
- Review:
- The Act shall be reviewed every five years to assess its impact and effectiveness, and amendments may be proposed to address any emerging issues.
- Amendments:
- Proposed amendments to this Act shall be submitted to Congress and undergo a formal review and approval process.
End of Act
The Likeness Act of 2024 establishes comprehensive rights for U.S. citizens regarding their image, voice, and likeness, ensuring they are compensated for its commercial use. It mandates the use of written consent for publication, provides for retroactive application, and outlines severe penalties for violations. The Act balances protection with practical enforcement measures, including exemptions for non-profits and provisions for cases where next of kin cannot be identified.
