; (ii) any other person or entity to which the individual has assigned or exclusively licensed their voice or likeness rights; or (iii) in the case of an individual who performs music as a profession, and has not authorized the use at issue, by any person or entity that has entered into a contract for the individual’s exclusive personal services as a recording artist or an exclusive license to distribute sound recordings that capture the individual’s audio performances. (d) First Amendment defense First Amendment protections shall constitute a defense to an alleged violation of subsection (c). In evaluating any such defense, the public interest in access to the use shall be balanced against the intellectual property interest in the voice or likeness. Factors to be considered may include whether— (1) the use is commercial; (2) the individual whose voice or likeness is at issue is necessary for and relevant to the primary expressive purpose of the work in which the use appears; and (3) the use competes with or otherwise adversely affects the value of the work of the owner or licensee of the voice or likeness rights at issue. (e) Limitation (1) In general A person or entity who uses an individual’s voice or likeness in a manner that violates subsection (c) shall not be liable if the harm caused by such conduct is negligible. (2) Harm For purposes of this section, the term harm includes— (A) financial or physical injury, or an elevated risk of such injury, to any person whose voice or likeness rights are affected by the conduct at issue; (B) severe emotional distress of any person whose voice or likeness is used without consent