SOUL Act of 2026
Sponsored By: Representative Biggs, Andy [R-AZ-5]
Introduced
Summary
Exclusive ownership of a person's unique likeness. This bill would create the Sovereign Ownership of Unique Likeness (SOUL) Act of 2026 and would give U.S. citizens control over digital reproductions and synthetic media that copy their name, image, voice, biometric traits, or genetic markers for life plus 50 years.
Show full summary
- Individuals and heirs would automatically hold exclusive rights to their "unique likeness," covering names, images, voices, biometric identifiers, and genetic markers. Rights last for the owner's life plus 50 years and are inalienable except by voluntary waiver or license.
- Platforms and online services that host user content would face liability if they fail to remove unauthorized digital replicas after a valid takedown notice. Platforms acting in good faith and consistent with the Digital Millennium Copyright Act section 512 may qualify for safe harbor.
- Creators, journalists, scholars, and certain public uses are protected by exemptions for noncommercial fair uses like parody, news reporting, criticism, scholarship, and transformative art. Government law enforcement, national security activities, and medical or research uses of genetic markers are also exempt, and the bill would not apply retroactively.
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 0 costs, 3 mixed.
How owners can enforce likeness rights
If enacted, owners could sue in federal court for injunctions, takedown orders, and money damages for unauthorized likenesses. Statutory damages would run from $750 to $30,000 per violation as the court finds just, and up to $150,000 per violation for willful violations. Harm would be presumed, so plaintiffs would not need to prove economic or reputational loss. Platforms that fail to remove unauthorized content after a valid takedown notice could face liability; platforms acting in good faith consistent with DMCA section 512 could qualify for safe harbor.
New private ownership of likeness
If enacted, U.S. citizens would automatically own exclusive rights in their "unique likeness." The law would define likeness to include names, images, voices, biometric and genetic traits, avatars, deepfakes, and other related traits. Owners could control reproduction, distribution, public display, performance, and derivative works. Rights would vest without registration, last for the life of the person plus 50 years, and could only be given away by a voluntary license or waiver.
Nationwide rules, exemptions, and timing
If enacted, the bill would preempt state laws that give equivalent rights or remedies for likeness, creating a single federal standard. It would exempt many non-commercial fair uses, like parody, satire, news reporting, scholarly commentary, transformative art, and incidental inclusion. Government activities, including law enforcement and national security, and First Amendment-protected activities consistent with precedent would also be exempt. The chapter would take effect 90 days after enactment.
Sponsors & CoSponsors
Sponsor
Biggs, Andy [R-AZ-5]
AZ • R
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov