Bill > HR9112

This bill, known as the CREATOR Act, grants visual artists and their right holders the exclusive right to authorize the commercial exploitation or public distribution of "stylistic impersonations" of their work, which are defined as visual works generated by artificial intelligence (AI) systems intentionally designed to mimic an artist's distinctive visual characteristics in a way that could mislead consumers about the source or affect the artist's market. This new federal intellectual property right is separate from copyright and trademark and applies to deliberate impersonations, not general artistic influence, ideas, or commonly used styles, and it includes provisions for the duration of the right, registration of post-mortem rights, and a public directory. The bill outlines liability for those who knowingly offer for sale, sell, license, or commercially exploit such impersonations, or develop and market AI products specifically for this purpose, while providing protections for general-purpose AI systems unless they are intentionally configured and marketed to impersonate specific artists. It also establishes exclusions for uses like commentary, criticism, parody, scholarship, and news reporting, and includes safe harbor provisions for online services that expeditiously remove infringing content upon notification, along with remedies for violations, including injunctive relief and statutory damages, while explicitly stating it does not affect existing copyright law or First Amendment protections.