H.R. 10025 — Preventing Abuse of Digital Replicas Act

This section states congressional findings on the economic, national security, and consumer-protection benefits of artificial intelligence, the risks posed by unauthorized digital replicas and deepfakes, and the need for targeted amendments to section 43 of the Trademark Act of 1946. It expresses the sense of Congress that the Trademark Act should remain limited to its historical scope and avoid conflicting with copyright law.

This section establishes a rebuttable presumption of likelihood of confusion in civil actions under Section 43(a) of the Trademark Act of 1946 when a digital replica of a living individual's image, voice, or likeness is used on goods or services, if invoked in the pleading. It excludes the presumption from claims for indirect liability, uses in expressive works or their promotional materials, and uses protected by the First Amendment. It bars relief under other federal, state, or local laws for such uses when the presumption is invoked, except under Sections 32 and 43(c) of the Trademark Act, Section 501 of title 17, and Section 271 of title 35. It treats the new provisions as intellectual property law for purposes of Section 230(e) of the Communications Act. The changes apply only to actions filed after enactment for post-enactment uses and do not limit the preexisting scope of Section 43.