; or (B) the death of all executors, transferees, heirs, or devisees. (4) Validity of use An agreement authorizing the use of a digital depiction or digital voice replica for a new performance of the individual in an advertisement or expressive work shall be valid only if— (A) the applicable individual was— (i) represented by counsel in the transaction and the agreement was in writing; and (ii) 18 years of age or older at the time of entry into the agreement, or, if under 18 years of age at that time, the agreement is approved by a court in accordance with applicable State law; or (B) the terms of the agreement are governed by a collective bargaining agreement. (c) Unauthorized Simulation of voice or likeness (1) In general Any person or entity who, in a manner affecting interstate or foreign commerce (or using any means or facility of interstate or foreign commerce), and without consent of the individual holding the voice or likeness rights affected thereby— (A) distributes, transmits, or otherwise makes available to the public a personalized cloning service; (B) publishes, performs, distributes, transmits, or otherwise makes available to the public a digital voice replica or digital depiction with knowledge that the digital voice replica or digital depiction was not authorized by the individual holding the voice or likeness rights affected thereby