H.R. 8323: Sovereign Ownership of Unique Likeness Act of 2026

The "Sovereign Ownership of Unique Likeness Act of 2026" (SOUL Act) aims to protect individuals' rights to their unique likenesses—like their name, image, voice, and other personal attributes—by establishing specific legal ownership over these traits. This bill proposes an amendment to Title 17 of the United States Code to create a new chapter dedicated to this issue, which includes the following key elements:

Definitions

• Individual’s unique likeness: This term encompasses various personal traits owned by each U.S. citizen, which include:
  • Name (full legal name, nicknames, or stage names)
  • Image (photographs, videos, or any visual representations)
  • Likeness (physical appearance, movements, habits, or style)
  • Voice (natural speaking or singing voice, including AI-generated reproductions)
  • Biometric identifiers (facial geometry, iris patterns, vocal timbre, etc.)
  • Genetic markers (DNA traits that can misuse identity, excluding medical or research uses)
  • Other traits (including avatars and deepfakes)
• Digital replica: Any unauthorized computer-generated representation simulating an individual's unique likeness.
• Owner: The individual U.S. citizen who owns their likeness or their authorized representative.
• Platform: Any service that hosts user-generated content online.

Rights Granted

• Exclusive rights: Owners have the exclusive right to reproduce, distribute, publicly display, and create derivative works based on their unique likenesses. Unauthorized digital replicas are prohibited.
• Duration: These rights last for the owner’s lifetime plus an additional 50 years after their death.
• Scope: The rights apply to U.S. citizens and related interstate commerce activities. Ownership is automatic, requiring no registration.

Exceptions and Limitations

• The rights do not apply to:
  • Non-commercial uses categorized as fair use (e.g., parody, criticism, news reporting).
  • Government activities related to law enforcement or national security.
  • Activities protected by the First Amendment.
• No retroactive application to previously authorized uses prior to the effective date of the law.

Remedies and Enforcement

• Civil remedies: An owner can take legal action against unauthorized use, seeking:
  • Injunctions to stop violations
  • Takedown orders for unauthorized content
  • Damages between $750 and $30,000 per violation, at the court’s discretion
  • In cases of willful violations, up to $150,000 in damages
• Platform liability: Platforms can be held liable for failing to remove unauthorized content after a takedown notice, unless they act in good faith.
• No criminal penalties: The law provides only for civil remedies, not criminal penalties.

Preemption and Severability

• This chapter preempts any state law providing similar rights to maintain uniformity across jurisdictions.
• If any part of this chapter is deemed invalid, the remaining provisions will still be enforceable.

Effective Date

The provisions of this Act will take effect 90 days after its enactment.

Relevant Companies

• GOOGL (Alphabet Inc.): The implications of this act could affect Google's platforms (like YouTube) in terms of content use and rights management, as they may need to manage takedown notices more rigorously to avoid liability.
• FB (Meta Platforms, Inc.): This legislation may impact how Facebook and Instagram handle user-generated content, particularly regarding deepfakes and unauthorized likenesses.
• AMZN (Amazon.com Inc.): Amazon may need to consider rights management related to user-generated content on its platforms and services like Twitch.