SOUL Act of 2026

Summary#

This bill would add a new chapter to Title 17 of the U.S. Code that gives U.S. citizens ownership rights over their "unique likeness." The bill defines unique likeness to include name, image, physical appearance, voice (including AI reproductions), biometric identifiers (like facial geometry or fingerprints), genetic markers (with medical and research exceptions), and digital replicas such as deepfakes or avatars. Owners would have exclusive rights to reproduce, distribute, display, perform, or make derivative works from their unique likeness. Those rights would vest automatically without registration, last for the person's life plus 50 years, and be inalienable except by voluntary waiver or license. The bill allows civil actions for injunctive relief, takedown orders, and damages (statutory damages of $750–$30,000 per violation, up to $150,000 for willful violations). Platforms can be liable if they do not remove unauthorized content after a valid takedown notice but may get safe-harbor protection if they act in good faith under the DMCA. The bill excludes criminal penalties and does not apply retroactively. It also exempts noncommercial fair uses, government law enforcement or national security activities, and activities protected by the First Amendment. The chapter would preempt state laws that provide equivalent rights. The law would take effect 90 days after enactment.

What it means for you#

  • If you are a U.S. citizen, the bill says you would automatically own rights to your name, image, voice, biometric traits, and digital copies made from those traits.
  • You could sue in federal court to stop unauthorized digital replicas, ask for takedown orders, and seek damages without having to prove actual economic harm.
  • The rights last for your life plus 50 years and can be transferred only by your permission or by license.
  • Platforms that host user content must remove unauthorized likenesses after a valid takedown notice or risk liability, though they may still qualify for DMCA-style safe harbor if they act in good faith.
  • Uses that are noncommercial fair use, government law enforcement or national security activities, and certain First Amendment-protected activities are not covered.
  • The bill would not change uses that were authorized before it takes effect.

Expenses#

  • The bill sets statutory damage ranges: $750 to $30,000 per violation and up to $150,000 for willful violations. Harm is presumed for damages under the bill.
  • No publicly available information on estimated federal implementation costs, enforcement costs, or impacts on private-sector compliance costs is provided in the bill text.

Proponents' View#

The bill's stated purpose is to establish "sovereign ownership" of a person's unique likeness and to protect U.S. citizens from unauthorized digital replications and abuses, including deepfakes and AI-generated replicas. It frames the rights as automatic, long-lasting, and enforceable through civil remedies.

Opponents' View#

No publicly available information.