HB566: HB566 NO FAKES Act of 2025; enact

26 LC 64 0076S The House Committee on Creative Arts and Entertainment offers t he following substitute to HB 566: A BILL TO BE ENTITLED AN ACT To amend Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling1 and other trade practices, so as to enact the "NO FAKES Act of 2026"; to protect intellectual2 property rights in the voice a nd visual liken ess of individuals ; to provide for the3 characteristics of a right to use the voice or visual likeness in a digital replica; to provide for4 licensing and transferability of a right; to provide for protection of post-mortem intellectual5 property rights; to provide for violations and civil action; to provide for exceptions; to6 provide for requirements of licensing voice or visual likeness for minors; to require actual7 knowledge of violation for violators; to provide notification; to provide for civil liability for8 false notifications by an individual claiming a violation; to provide subpoena; to require the9 Secretary of State to maintain a directory of certain post-mortem digital replication rights and10 a directory of designated agents; to authorize the Secretary of State to make interpretations11 and resolve ambiguities in carrying out provisions of this arti cle; to provide for rules and12 regulations; to provide for civil liability for the unauthorize d use of a digital replica; to13 provide for penalties; to provide for exceptions; to provide fo r statute of limitations; to14 provide for jurisdiction; to provide for construction; to provide for definitions; to provide for15 related matters; to provide for severability; to repeal conflicting laws; and for other purposes.16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:17 H. B. 566 (SUB) - 1 - 26 LC 64 0076S SECTION 1.18 This Act shall be known and may be cited as the "Nurture Originals, Foster Art, and Keep19 Entertainment Safe Act of 2026" or the "NO FAKES Act of 2026."20 SECTION 2.21 Chapter 1 of Title 10 of the Official Code of Georgia Annotated, relating to selling and other22 trade practices, is amended by enacting a new article to read as follows:23 "ARTICLE 3824 10-1-970.25 As used in this article, the term:26 (1) 'Digital fingerprint' means an electronic label or identifier created by a cryptographic27 hash function, or similar function, or any other digital process, tool, or technique selected28 by the provider of an online service, that is unique to a specific piece of material such that29 it is effectively certain that such piece of material will not be misidentified as a match for30 a different piece of material.31 (2) 'Digital replica' means a newly created, computer generate d, highly realistic32 electronic representation that is readily identifiable as the voice or visual likeness of an33 individual that:34 (A) Is embodied in a sound reco rding, image, audiovisual work, including an35 audiovisual work that does not have any accompanying sounds, or transmission:36 (i) In which the actual individual did not actually perform or appear; or37 (ii) That is a version of a sound recording, image, or audiovisual work, in which the38 actual individual did perform or appear, where the fundamental character of the39 performance or appearance has been materially altered; and40 H. B. 566 (SUB) - 2 - 26 LC 64 0076S (B) Does not include the electronic reproduction, use of a sam ple of one sound41 recording or audiovisual work into another, remixing, mastering, or digital remastering42 of a sound recording or audiovisual work authorized by the copyright holder.43 (3) 'Individual' means a human being, living or dead.44 (4) 'Interactive computer service' means any information servi ce, system, or access45 software provider that provides or enables computer access by m ultiple users to a46 computer server, which specifically includes:47 (A) A service or system that provides access to the internet; and48 (B) Such systems operated, or services offered, by libraries or educational institutions.49 (5) 'Online service' means:50 (A)(i) Any website, online appli cation, mobile application, or virtual reality51 environment that predominantly provides public access to user uploaded material.52 (ii) Any digital music provider, as defined in 17 U.S.C. Section 115(e) that provides53 public access to user uploaded material if such digital music provider is not covered54 under division (i) of this subparagraph.55 (iii) Any online application; mobile application; virtual real ity environment;56 application store; search engine, including any feature that pr ovides web search57 results; advertising service or network; online shopping service or platform; electronic58 commerce provider; mapping service; cloud storage service; web hosting service; or59 any other interactive computer service that is not listed in di vision (i) of this60 subparagraph, which provides public access to user uploaded mat erial and has a61 designated agent pursuant to subsection (l) of Code Section 10-1-975; and62 (B) Such term does not include any service listed in this paragraph that predominantly63 provides public access to user uploaded products or services, the primary function of64 which is to distribute, import, transmit, or otherwise make ava ilable to the public a65 product or service described in paragraph (3) of subsection (b) of Code66 Section 10-1-975.67 H. B. 566 (SUB) - 3 - 26 LC 64 0076S (6) 'Right holder' means the individual whose voice or visual likeness is at issue with68 respect to a digital replica or a product or service described in paragraph (3) of69 subsection (b) of Code Section 10-1-975 and any other individua l or entity that has70 acquired, through a license, inheritance, or otherwise, the rig ht to authorize the use of71 such voice or visual likeness in a digital replica.72 (7) 'Sound recording artist' means an individual who creates o r performs in sound73 recordings for economic gain or for the livelihood of the individual.74 (8) 'User uploaded material' means material, such as a video, image, game, audio file, or75 other material that is placed on a service directly by or at the direction of an end user of76 a service. For purposes of this paragraph, the term 'end user,' with respect to an online77 service, shall not include a third-party commercial provider of sound recordings to a78 digital music provider, or an employee or agent of the online service acting on behalf of79 the provider of the online service.80 10-1-971.81 (a) Subject to the other provisions of this Code section, each individual or right holder82 shall have the right to authorize the use of the voice or visual likeness of such individual83 in:84 (1) A digital replica; or85 (2) In connection with a product or service for which authorization of the individual or86 right holder is required to avoid liability with respect to an activity described in87 paragraph (3) of subsection (b) of Code Section 10-1-975.88 (b) The right described in subsection (a) of this Code section shall have the following89 characteristics:90 (1) The right is:91 (A) A property right;92 (B) Not assignable during the life of the individual; and93 H. B. 566 (SUB) - 4 - 26 LC 64 0076S (C) Licensable, in whole or in part, exclusively or non-exclusively, by the right holder;94 (2) The right shall not expire upon the death of the individual, without regard to whether95 such right is commercially exploited by the individual during the individual's lifetime;96 (3) Upon the death of the individual:97 (A) The right is transferable, licensable, in whole or in part , by the executors, heirs,98 assignees, licensees, or devisees of the individual; and99 (B) Ownership of the right may be:100 (i) Transferred, in whole or in part, by any means of conveyance or by operation of101 law; and102 (ii) Bequeathed by will or passed as personal property by the applicable laws of103 intestate succession;104 (4) The right shall be exclusive to:105 (A) The individual, subject to the licensing of the right duri ng the lifetime of such106 individual under subsection (a) of Code Section 10-1-972; and107 (B) The right holder:108 (i) For a period of ten years after the death of the individual; and109 (ii) If the right holder demonstrates active and authorized public use of the voice or110 visual likeness of the individual during the two-year period preceding the expiration111 of the ten-year period described in division (i) of this subparagraph, for an additional112 five-year period, subject to renewal for additional five-year periods, provided that the113 right holder can demonstrate authorized public use of the voice or visual likeness of114 the individual during the two-year period preceding the expiration of each additional115 five-year period; and116 (5) The right shall terminate on the date that is the earlier of:117 (A) The date on which the ten-year period or five-year period described in118 subparagraph (b)(4)(B) of this Code section terminates without renewal; or119 (B) The date that is 70 years after the death of the individual.120 H. B. 566 (SUB) - 5 - 26 LC 64 0076S 10-1-972.121 (a) A license described in subparagraph (b)(1)(C) of Code Section 10-1-971:122 (1) Is valid, while the individual is living, only to the extent that the license duration does123 not exceed ten years; and124 (2) Shall be valid only if the license agreement:125 (A) Is in writing and signed by the individual or an authorize d representative of the126 individual; and127 (B) Includes a reasonably specific description of the intended uses of the digital128 replica.129 (b) A license as described in subparagraph (b)(1)(C) of Code Section 10-1-971 involving130 a living individual who is younger than 18 years of age:131 (1) Is valid only to the extent that the license duration does not exceed five years, but in132 any case terminates when the individual reaches 18 years of age; and133 (2) Shall be valid only if the license agreement:134 (A) Is in writing and signed by the individual or an authorize d representative of the135 individual;136 (B) Includes a reasonably speci fic description of the intended u s e s o f t h e d i g i t a l137 replica; and138 (C) Is approved by a court in accordance with the law of this state.139 (c) The provisions of subsections (a) and (b) of this Code sec tion shall not apply if the140 license is governed by a collective bargaining agreement that addresses digital replicas.141 (d) The provisions of subsections (a) and (b) of this Code section shall not affect terms and142 conditions of a license or related contract other than those described in this Code section,143 and the expiration of such license does not affect the remainde r of the license or related144 contract.145 H. B. 566 (SUB) - 6 - 26 LC 64 0076S 10-1-973.146 (a) A post-mortem transfer or license as provided in subparagr aph (b)(3)(B) of Code147 Section 10-1-971 shall be valid only if the transfer agreement or license agreement is in148 writing and signed by the right holder or an authorized representative of the right holder.149 (b) The renewal of a post-mortem right under division (b)(4)(B )(ii) of Code150 Section 10-1-971 shall be effective if, during the two-year renewal period, the right holder151 files a notice with the Secretary of State which shall include:152 (1) The name of the deceased individual;153 (2) A statement, under penalty of perjury, that the right holder has engaged in active and154 authorized public use of the voice or visual likeness during the two-year period;155 (3) The identity of and contact information for the right holder; and156 (4) Such other information as the Secretary of State may prescribe by regulation.157 (c) The Secretary of State shall maintain a current directory of post-mortem digital158 replication rights registered under this Code section. Such directory may include voluntary159 registrations of the post-mortem right provided in division (b) (4)(b)(ii) of Code160 Section 10-1-971. Such directory shall be posted on the appropriate website and available161 to the public for inspection. The Secretary of State may require payment of a reasonable162 filing fee by the registrant, which may take into consideration the costs of maintaining such163 directory.164 (d) The right holder may voluntarily register the post-mortem right under165 division (b)(4)(B)(ii) of Code Section 10-1-971 by filing a not ice with the Secretary of166 State that complies with such requirements regarding form, content, and filing procedures167 as the Secretary of State may prescribe by regulation.168 (e) The Secretary of State may make such interpretations and resolve such ambiguities as169 may be appropriate to carry out this article.170 (f) The Secretary of State shall promulgate rules and regulations necessary to implement171 and administer the provisions of this article.172 H. B. 566 (SUB) - 7 - 26 LC 64 0076S 10-1-974.173 A digital replica that is embodied in a sound recording, image, audiovisual work, including174 an audiovisual work that does not have any accompanying sounds, or transmission, and the175 use of which is authorized pursuant to the terms of a license, may continue to be utilized176 in a manner consistent with the terms of that license after the expiration or termination of177 the license.178 10-1-975.179 (a) Any individual or entity that engages in an activity prohibited in subsection (b) of this180 Code section shall be liable in a civil action brought under this Code section.181 (b) The following activities shall be prohibited pursuant to this article:182 (1) The publication, display, distribution, transmission, or c ommunication of, or183 otherwise making available to the public a digital replica with out consent of the right184 holder; or185 (2) Distributing, importing, transmitting, or otherwise making available to the public a186 product or service that:187 (A) Is primarily designed to produce one or more digital repli cas of a specifically188 identified individual or individuals without the authorization of:189 (i) Such individual or individuals;190 (ii) The applicable right holder; or191 (iii) The laws of this state;192 (B) Has only limited commercially significant purpose or use other than to produce a193 digital replica of a specifically identified individual or indi viduals without the194 authorization of:195 (i) Such individual or individuals;196 (ii) The applicable right holder; or197 (iii) The laws of this state; or198 H. B. 566 (SUB) - 8 - 26 LC 64 0076S (C) Is marketed, advertised, or otherwise promoted as a product or service designed to199 produce a digital replica of a specifically identified individual by an individual or entity200 described in subsection (a) of this Code section or by an individual or entity acting in201 concert and with knowledge of such individual or entity, without the authorization of:202 (i) Such individual or individuals;203 (ii) The applicable right holder; or204 (iii) The laws of this state.205 (c) To incur liability under this Code section:206 (1) An online service provider carrying out an action prohibited under subsection (b) of207 this Code section, shall have actual knowledge, which could be obtained through a208 notification that satisfies subsection (l) of this Code section , willfully avoided having209 such knowledge, or a court order stating that the applicable material is:210 (A) A digital replica which was not authorized by the right holder; or211 (B) A product or service described in paragraph (2) of subsect ion (b) of this Code212 section; or213 (2) An individual or entity, which is not a provider of an online service, carrying out an214 action prohibited under subsection (b) of this Code section, shall have actual knowledge,215 or must willfully avoid having such knowledge that the applicable material is:216 (A) A digital replica which was not authorized by the right holder; or217 (B) A product or service described in paragraph (2) of subsect ion (b) of this Code218 section.219 (d) It shall not be a violation of subsection (b) of this Code section if:220 (1) The digital replica is produced or used in a bona fide news, public affairs, or sports221 broadcast or account, provided that the digital replica is the subject of, or is materially222 relevant to, the subject of such broadcast or account; or223 (2) The digital replica is a representation of the individual in a documentary or in a224 historical or biographical context, including some degree of fictionalization, unless:225 H. B. 566 (SUB) - 9 - 26 LC 64 0076S (A) The production or use of such digital replica creates the false impression that the226 work is an authentic sound recording, image, transmission, or a udiovisual work in227 which the individual participated; or228 (B) The digital replica is embodied in a musical sound recording that is synchronized229 to accompany a motion picture or other audiovisual work, except to the extent that the230 use of such digital replica is protected by the First Amendment to the United States231 Constitution;232 (3) The applicable digital replica is produced or used in a ma nner consistent with the233 public interest in bona fide commentary, criticism, scholarship, satire, or parody;234 (4) The use of the digital replica is fleeting or negligible;235 (5) The digital replica is used in an advertisement or commercial announcement for any236 purpose described in paragraphs (1) through (4) of this subsection and the digital replica237 is relevant to the subject of the work so advertised or announced;238 (6) The service provides, by wire or radio, the capability to transmit data to and receive239 data from all, or substantially all, internet endpoints, including any capabilities that are240 incidental to enable the operation of the communications service of a provider of online241 services or network access, or the operator of facilities for such service; or242 (7)(A) It is not technologically feasible for the provider of an online service to disable243 access to the offending material, or disable the reference or link to such material, at the244 specific location identified in the notification sent pursuant to subsection (l) of this245 Code section.246 (B) Disabling access to the offending material would be prohibited by law.247 (e) The exceptions provided in subsection (d) of this Code section shall not apply when248 the digital replica is used to depict sexually explicit conduct , as such term is set forth in249 Code Section 16-12-100.250 (f) No individual or entity shall be directly or secondarily liable for a violation of this Code251 section for manufacturing, importing, offering to the public, p roviding, or o therwise252 H. B. 566 (SUB) - 10 - 26 LC 64 0076S distributing a product or service unless such product or service is listed in paragraph (3) of253 subsection (b) of Code Section 10-1-975.254 (g) An online service shall not be liable for violating this C ode section by referring or255 linking to, or violating subsection (b) of this Code section wi th respect to user uploaded256 material, a user to an unauthorized digital replica if:257 (1) The provider of an online service, other than a search engine or a search component258 of a service, described in division (5)(A)(iii) of Code Section 10-1-970, has adopted,259 reasonably implemented, and informed users of the online servic e of a policy that260 provides for the termination in appropriate circumstances of account holders of the online261 service that are repeat violators of subsection (b) of this Code section, provided that the262 failure to terminate any such account holder in accordance with such policy shall subject263 the provider of such online service to potential liability only with respect to content in264 violation of subsection (b) of this Code section posted by the account holder; and265 (2) Upon receiving notification that satisfies subsection (l) of this Code section:266 (A) The provider removes or disables access to the work embody ing the claimed267 unauthorized digital replica or the product or service specifically identified in a notice268 sent under such paragraph, or, as applicable, the link or reference to the unauthorized269 digital replica or product or service, as soon as is technically and practically feasible for270 such provider;271 (B) The provider of an online service described in division (5 )(A)(i) or (5)(A)(ii) of272 Code Section 10-1-970, as soon as is technically and practicall y feasible for such273 provider, removes or disables access to all other publicly avai lable instances of the274 work embodying the claimed unauthorized digital replica which:275 (i) Match the digital fingerprint of an unauthorized digital r eplica specifically276 identified in a notification under subsection (l) of this Code section; and277 (ii) Are uploaded after valid, applicable notice was submitted to, and processed by,278 the provider; and279 H. B. 566 (SUB) - 11 - 26 LC 64 0076S (C) The provider takes reasonable steps to promptly notify the right holder, and the end280 user that uploaded the material, that the online service removed or disabled access to281 such material.282 (h) An online service shall not be liable for violating this C ode section by storing283 third-party provided material that resides on a system or network controlled or operated by284 or for the online service, or violating subsection (b)of this Code section, specifically, with285 respect to user uploaded material if:286 (1) The provider of an online service, other than a search engine or a search component287 of a service described in division (5)(A)(iii) of Code Section 10-1-970, has adopted,288 reasonably implemented, and informed users of the online servic e of a policy that289 provides for the termination in appropriate circumstances of account holders of the online290 service that are repeat violators of subsection (b) of this Code section, provided that the291 failure to terminate any such account holder in accordance with such policy shall subject292 the provider of such online service to potential liability only with respect to content in293 violation of subsection (b) of this Code section posted by the account holder; and294 (2) Upon receiving notification that satisfies subsection (l) of this Code section:295 (A) The provider removes or disables access to the work embody ing the claimed296 unauthorized digital replica or the product or service specifically identified in a notice297 sent under such subsection, or, as applicable, the link or reference to the unauthorized298 digital replica or product or service, as soon as is technically and practically feasible for299 such provider;300 (B) The provider of an online service described in division (5 )(A)(i) or (5)(A)(ii) of301 Code Section 10-1-970, as soon as is technically and practicall y feasible for such302 provider, removes or disables access to all other publicly avai lable instances of the303 work embodying the claimed unauthorized digital replica which:304 (i) Match the digital fingerprint of an unauthorized digital r eplica specifically305 identified in a notification under subsection (l) of this Code section; and306 H. B. 566 (SUB) - 12 - 26 LC 64 0076S (ii) Are uploaded after valid, applicable notice was submitted to, and processed by,307 such provider; and308 (C) The provider takes reasonable steps to promptly notify the right holder and the end309 user that uploaded the material that the online service removed or disabled access to310 such material.311 (i) An online service shall designate an agent to receive notifications under subsection (l)312 of this Code section by making available through the online ser vice, including on the313 website of the online service in a location accessible to the public, and by providing to the314 Secretary of State, substantially the following information:315 (1) The name, address, telephone number, and email address of the agent; and316 (2) Other contact information that the Secretary of State may deem appropriate.317 (j) The Secretary of State shall maintain a current directory of designated agents for the318 purposes of this Code section. Such directory shall be availab le for public inspection,319 including through the internet. The Secretary of State may require payment of a reasonable320 filing fee by the online service, which may take into consideration the costs of maintaining321 the directory of designated agents.322 (k) The failure of an online service to register a designated agent under subsection (i) of323 this Code section shall establish that the online service has not undertaken good faith effort324 to comply with this Code section.325 (l) A notification of a claimed violation of the right describ ed in subsection (a) of Code326 Section 10-1-971 shall be a written communication provided to the designated agent of an327 online service that includes:328 (1) A physical or electronic signature of the right holder, an individual authorized to act329 on behalf of such right holder, or an individual identified und er subsection (o) of this330 Code section;331 H. B. 566 (SUB) - 13 - 26 LC 64 0076S (2) Identification of the individual, the voice or visual like ness of whom is being used332 in an unauthorized digital replica or a product or service desc ribed in paragraph (3) of333 subsection (b) of this Code section;334 (3) Identification of the material containing an unauthorized digital replica, or a product335 or service described in paragraph (3) of subsection (b) of this Code section, including336 information sufficient to allow the online service to locate the identified material;337 (4) Information reasonably sufficient to permit the online service to contact the notifying338 party, such as an address, telephone number, and email address;339 (5) A statement that the notifying party believes in good fait h that the material is an340 unauthorized use of a digital replica;341 (6) If not the right holder or an individual identified under subsection (o) of this Code342 section, a statement that the notifying party has the authority to act on behalf of such right343 holder; and344 (7) For the purposes of subsection (g) of this Code section, i nformation reasonably345 sufficient to:346 (A) Identify the reference or link to the material or activity claimed to be an347 unauthorized digital replica, or a product or service described in paragraph (3) of348 subsection (b) of this Code section that is to be removed or to which access is to be349 disabled; and350 (B) Permit the online service to l ocate the reference or link described in351 subparagraph (A) of this paragraph.352 (m)(1) It shall be unlawful to knowingly materially misrepresent that:353 (A) The material requested to be removed is an unauthorized digital replica;354 (B) An individual has the authority to act on behalf of the right holder; or355 (C) A digital replica, or a product or service described in pa ragraph (3) of356 subsection (b) of this Code section is not authorized by the right holder or by law.357 H. B. 566 (SUB) - 14 - 26 LC 64 0076S (2) Failure to undertake a good faith review to determine whether material with respect358 to which notice is provided under subsection (l) of this Code section qualifies as a digital359 replica shall constitute a knowing material misrepresentation under this subsection.360 (n) Any individual or entity that violates subsection (m) of this Code section shall be liable361 for an amount equal to the greater of:362 (1) Any actual damages, including costs and attorney's fees, i ncurred by the alleged363 violator, as well as by any online service injured by the reliance of the online service on364 the misrepresentation in removing or disabling access to the material or activity claimed365 to be an unauthorized digital replica; or366 (2) The amount of $25,000.00 per notification sent pursuant to subsection (m) of this367 Code section.368 (o) A civil action for a violation of this subsection (b) of this Code section may be brought369 by:370 (1) The right holder;371 (2) If the right holder is an individual younger than 18 years of age, a parent or guardian372 of such individual; or373 (3) In the case of a digital replica involving a sound recording artist, any individual or374 entity that has, directly or indirectly, entered into:375 (A) A contract for the exclusive personal services of the soun d recording artist as a376 sound recording artist; or377 (B) An exclusive license to distribute or transmit one or more works that capture the378 audio performance of the sound recording artist.379 (p) A civil action may not be brought under this Code section unless the action is380 commenced not later than three years after the date on which the party seeking to bring the381 civil action discovered, or should have discovered, the violation.382 (q) It shall not be a defense in a civil action brought under this Code section that the383 defendant displayed or otherwise communicated to the public a disclaimer stating that the384 H. B. 566 (SUB) - 15 - 26 LC 64 0076S digital replica or a product or service described in paragraph (3) of subsection (b) of this385 Code section was unauthorized or disclosing that the digital replica was generated through386 the use of artificial intelligence or other technology.387 (r) In any civil action brought under this Code section:388 (1) An individual or entity that engages in an activity descri bed in paragraph (2) of389 subsection (b) of this Code section shall be liable to the injured party in an amount equal390 to the greater of:391 (A)(i) In the case of an individual, $5,000.00 per work embodying the unauthorized392 digital replica.393 (ii) In the case of an online service that has undertaken a good faith effort to comply394 with subsection (g) of this Code section, $25,000.00 per work e mbodying the395 unauthorized digital replica.396 (iii) In the case of an online service that has not undertaken a good faith effort to397 comply with subsection (g) of this Code section, $5,000.00 per display, copy made,398 transmission, and instance of the unauthorized digital replica being made available on399 the online service in a sum of not more than $750,000.00 per wo rk embodying the400 unauthorized digital replica.401 (iv) In the case of an entity that is not an online service, $ 25,000.00 per work402 embodying the unauthorized digital replica; or403 (B) Any actual damages suffered by the injured party as a resu lt of the activity, plus404 any profits from the unauthorized use that are attributable to such use and are not taken405 into account in computing the actual damages;406 (2) An individual or entity that engages in an activity descri bed in paragraph (3) of407 subsection (b) of this Code section shall be liable to the injured party in an amount equal408 to the greater of:409 (A) In the case of an individual, $5,000.00 per product or service;410 H. B. 566 (SUB) - 16 - 26 LC 64 0076S (B) In the case of an online service that has undertaken a good faith effort to comply411 with subsection (g) of this Code section, $25,000.00 per product or service;412 (C) In the case of an online service that has not undertaken a good faith effort to413 comply with subsection (g) of this Code section, $750,000.00 per product or service;414 (D) In the case of an entity that is not an online service, $2 5,000.00 per product or415 service; or416 (E) Any actual damages suffered by the injured party as a resu lt of the activity, plus417 any profits from the unauthorized use that are attributable to such use and are not taken418 into account in computing the actual damages;419 (3) The plaintiff may seek injunctive or other equitable relief;420 (4) In the case of willful activity in which the injured party has proven that the defendant421 acted with malice, fraud, knowledge, or willful avoidance of knowledge that the conduct422 violated the law, the court may award to the injured party punitive damages;423 (5) If the party bringing the action prevails, the court shall award reasonable attorney's424 fees. If the party defending the action prevails, the court sh all award reasonable425 attorney's fees if the court determines that the action was not brought in good faith;426 (6) An online service that has an objectively reasonable belie f that material that is427 claimed to be an unauthorized digital replica does not qualify as a digital replica shall not428 be liable for statutory or actual damages exceeding $1 million regardless of whether the429 material is ultimately determined to be an unauthorized digital replica; and430 (7) In the event that the third-party provider of the material that the online service has431 removed or to which the online service has disabled access file s a lawsuit against the432 sender of a notice under subsection (l) of this Code section claiming that such notice was433 false or deceptive as provided in subsection (m) of this Code section, the online service434 may, provided that the lawsuit was filed not later than 14 days after the user receives435 notice that the online service has removed or disabled access to the material, restore the436 removed material to its network for access by members of the public without monetary437 H. B. 566 (SUB) - 17 - 26 LC 64 0076S liability therefor to either the notice sender or third-party provider of the material that the438 online service had removed or disabled access.439 10-1-976.440 (a) A right holder, an individual or entity authorized to act on behalf of a right holder, or441 an individual identified under subsection (o) of Code Section 1 0-1-975 may request the442 clerk of any state court of competent jurisdiction to issue a s ubpoena to a provider of an443 online service for identification of an alleged violator of this section in accordance with this444 subsection.445 (b) A request under subparagraph (a) of this Code section may be made by filing with the446 clerk of any state court where venue and jurisdiction are proper:447 (1) A copy of a notification described in subsection (l) of Code Section 10-1-975;448 (2) A proposed subpoena; and449 (3) A sworn declaration indicating that:450 (A) The purpose of the subpoena is to obtain the identity of a n individual or entity451 alleged to be liable under subsection (b) of Code Section 10-1-975; and452 (B) Information obtained from such subpoena shall only be used for the purpose of453 protecting rights under this article.454 (c) A subpoena issued under this Code section shall authorize and order the provider of the455 online service to expeditiously disclose information sufficient to identify the alleged456 violator by virtue of the activity described in the notification to the extent that information457 is available to the provider of the online service.458 (d) If a proposed subpoena under this Code section is in proper form, the notification filed459 satisfies the requirements under subsection (l) of Code Section 10-1-975, and the460 accompanying declaration is properly executed, the clerk of any state court where venue461 and jurisdiction are proper shall expeditiously issue and sign the proposed subpoena and462 return such subpoena to the requester for delivery to the provider of the online service.463 H. B. 566 (SUB) - 18 - 26 LC 64 0076S 10-1-977.464 (a) Nothing in this article shall be construed to abrogate causes of action under federal law.465 (b) Liability under this article shall apply only to:466 (1) Conduct occurring after the effective date of this article; and467 (2) In the case of conduct covered by a license or contract, a license or contract that is468 executed after the effective date of this article.469 (c) The right granted under subsection (a) of Code Section 10-1-971:470 (1) Shall apply to any individual, regardless of whether the individual dies before or after471 the date of enactment of this article; and472 (2) In the case of a right holder who has died before the date of enactment of this article,473 shall vest in the executors, heirs, assigns, or devisees of the right holder.474 (d) Except as expressly provided in paragraph (2) of subsectio n (g) of Code475 Section 10-1-975, nothing in this section shall be construed to require the provider of an476 online service to:477 (1) Monitor the online service for, or affirmatively seek facts about, any digital replica;478 or479 (2) Gain access to material."480 SECTION 3.481 All provisions of this Act shall be severable in accordance with Code Section 1-1-3.482 SECTION 4.483 All laws and parts of laws in conflict with this Act are repealed.484 H. B. 566 (SUB) - 19 -