What does Preamble of CREATOR Act do?

This bill, formally titled 'To provide visuals artists the exclusive right to authorize the commercial exploitation, or public distribution in or affecting interstate commerce of a stylistic impersonation of that visual artist, and for other purposes,' aims to grant visual artists exclusive rights. The bill intends to authorize visual artists to control the commercial use and distribution of stylistic impersonations related to their work. The bill's scope includes activities affecting interstate commerce.

What does SHORT TITLE. of CREATOR Act do?

This bill is formally titled the "Creative Rights Ensuring Artists' Technique and Originality are Reserved Act" or the "CREATOR Act".

What does RIGHT AGAINST STYLISTIC IMPERSONATION. of CREATOR Act do?

This section establishes a 'Right Against Stylistic Impersonation' for visual artists and right holders. This right grants the exclusive ability to authorize commercial exploitation or public distribution of a stylistic impersonation of a visual artist, subject to limitations. The right is a distinct federal intellectual property right, separate from copyright and trademark. The right does not extend to ideas, concepts, genres, or commonly used visual styles. The right only applies to deliberate stylistic impersonation. General artistic influence, independent authorship, and non-material artificial intelligence assistance are not prohibited. The right for living artists lasts their lifetime; for deceased artists, it lasts 10 years after death and can be renewed for up to 50 years. Renewal of post-mortem rights requires filing a notice with the Register of Copyrights. The Register of Copyrights will maintain a public directory of registered post-mortem rights.

What does LIABILITY. of CREATOR Act do?

This section establishes liability standards under the Act. Liability arises when a person knowingly engages in commercial exploitation of a stylistic impersonation of a visual artist without authorization. Developing and marketing products or services intentionally configured to generate stylistic impersonations of visual artists also triggers liability. General-purpose artificial intelligence (AI) system providers are not liable unless they intentionally configured and expressly marketed the system for generating stylistic impersonations. Mere capability of a system to generate outputs resembling a visual artist's work does not create liability. A person is liable only if they knew, or deliberately avoided confirming, that the work was a stylistic impersonation. Online services are not liable for user-generated content unless they knowingly fail to remove or disable access after receiving a valid notice or court order.

What does EXCLUSIONS. of CREATOR Act do?

This section outlines activities that are excluded from violations of the Act. Excluded uses do not include commercial exploitation of stylistic impersonations intended to mislead regarding source, sponsorship, or approval. Commentary, criticism, scholarship, research, and teaching are excluded uses. Parody or satire commenting on or critiquing the artist or visual characteristics is excluded. Historical, biographical, or documentary works with reasonable fictionalization are excluded, provided they do not falsely suggest endorsement. News reporting and public affairs commentary where visual characteristics are materially relevant are excluded. Uses resulting in fleeting, incidental, or negligible resemblance are excluded. The use of stylistic impersonation in obscene material is not exempt from liability.

What does ONLINE SERVICE SAFE HARBORS. of CREATOR Act do?

This section establishes safe harbors for online services regarding violations under section 3 related to user-generated content. To qualify for the safe harbor, an online service must designate an agent to receive violation notifications, act to remove or disable access to identified material upon receiving a valid notice, and implement a policy for terminating repeat violators. Online services are not required to proactively monitor user content or affirmatively seek facts indicating potential violations. Notifications of claimed violations must include identification of the artist, the impersonated material, a statement of good-faith belief of unauthorized use, and contact information for the notifying party. Users whose material is removed can submit a counter-notification under penalty of perjury if they believe the removal was a mistake or misidentification. Online services may restore removed material after a counter-notification, unless a civil action has been filed. Individuals who knowingly and materially misrepresent that material constitutes a stylistic impersonation are liable for damages, attorneys' fees, and statutory damages. Failure to conduct a reasonable evaluation of whether material meets the definition of stylistic impersonation may be considered a misrepresentation. Repeated bad-faith notifications may lead to suspension of notice privileges.

What does CIVIL ACTIONS AND REMEDIES. of CREATOR Act do?

This section establishes civil actions and remedies related to violations of the Act. A right holder may bring a civil action against a person violating section 3. Individuals operating within limitations or safe harbors outlined in sections 3 or 5 are not liable under this Act. Courts may award injunctive relief to prevent ongoing or future violations. Prevailing plaintiffs can elect to receive either actual damages and profits or statutory damages. Statutory damages for intentional stylistic impersonation range from $10,000 to $100,000 per work. Willful violations involving intentional targeting and commercial exploitation may result in statutory damages between $50,000 and $150,000 per work. Courts will consider factors like willfulness, dissemination scale, commercial impact, compliance efforts, and limitations on liability when determining statutory damages. Statutory damages will not be awarded if the defendant proves their conduct falls within a safe harbor or exclusion.

What does RULES OF CONSTRUCTION. of CREATOR Act do?

This section establishes rules of construction for the Act. The Act does not intend to limit or expand copyright protection under Title 17 of the United States Code. It clarifies that the Act does not grant exclusive rights over ideas, concepts, or artistic styles. Online services and AI providers are not required to proactively monitor content or seek out potential violations. Lawful artistic influence, stylistic evolution, and non-material use of AI are not prohibited. Liability under the Act does not arise solely from developing, providing, or licensing an AI system, but requires intentional targeting. The Act does not restrict speech protected by the First Amendment. The mere ability of an AI system to generate outputs resembling a visual artist's work does not imply the system was trained on their specific works or datasets. Civil actions under this Act cannot be based solely on claims regarding training data or processes, unless those claims are actionable under other laws.

What does PREEMPTION. of CREATOR Act do?

This Act preempts state law causes of action only when they impose liability for conduct that constitutes stylistic impersonation as defined in the Act. The Act does not preempt state or federal copyright law. The Act does not preempt state or federal trademark or false endorsement law. The Act does not preempt state right-of-publicity or misappropriation claims based on name, likeness, voice, or other protected personal attributes. The Act does not preempt state unfair competition or consumer protection laws that regulate deceptive or misleading commercial conduct independent of stylistic impersonation.

What does SEVERABILITY. of CREATOR Act do?

This section establishes a severability clause for the Act. If a portion of the Act is found to be invalid, the remaining provisions will still be in effect.

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CREATOR Act

Last updated: 6/2/2026 · Introduced: 6/2/2026

Author: Beth Van Duyne (R-TX)

TL;DR (AI)

The CREATOR Act establishes a new federal right for visual artists to control the commercial use and distribution of stylistic impersonations of their work, separate from copyright and trademark.
Liability under the Act arises when a person knowingly exploits a stylistic impersonation of an artist commercially, or intentionally configures AI systems to generate such impersonations, without authorization.
Certain uses are excluded from liability, including commentary, criticism, parody, historical works, news reporting, and fleeting resemblances.
Online services are protected from liability for user-generated content if they implement specific procedures for addressing claims of stylistic impersonation, such as designating an agent and removing infringing material upon notice.
Right holders can pursue civil actions for violations, seeking injunctive relief and either actual damages or statutory damages ranging from $10,000 to $150,000 per work, depending on the severity of the infringement.

119th Congressin committeeOfficial page

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