; and (ii) in the case of an unauthorized publication, performance, distribution, transmission, or other making available of a digital voice replica or digital depiction, five thousand dollars ($5,000) per violation or the actual damages suffered by the injured party or parties as a result of the unauthorized use, plus any profits from the unauthorized use that are attributable to such use and are not taken into account in computing the actual damages. (B) In establishing profits under this subdivision, the injured party or parties shall be required only to present proof of the gross revenue attributable to the unauthorized use, and the person or entity who violated this section shall be required to prove his or her expenses deductible therefrom. (C) Punitive damages and reasonable attorneys’ fees may also be awarded to the injured party or parties. (D) It shall not be a defense to an allegation of a violation of paragraph (1) that the unauthorized user displayed or otherwise communicated to the public a disclaimer stating that the digital depiction, digital voice replica, or personalized cloning service was unauthorized or that the individual rights owner did not participate in the creation, development, distribution, or dissemination of the unauthorized digital depiction, digital voice replica, or personalized cloning service. (E) An action to enforce this section may be brought by— (i) the individual whose voice or likeness is at issue; (ii) any other person or entity to which the individual has assigned or exclusively licensed their voice or likeness rights