; (B) severe emotional distress of any person whose voice or likeness is used without consent; and (C) a likelihood that the use deceives the public, a court, or tribunal. (3) Per se harm Any digital depiction or digital voice replica which includes child sexual abuse material, is sexually explicit, or includes intimate images constitutes harm. (4) Balance of equities Except when paragraph (3) applies, alleged harms shall be weighed against— (A) whether 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; (B) whether the use is transformative; and (C) whether the use constitutes constitutionally protected commentary on a matter of public concern. (f) Limitations Period No civil action shall be maintained under the provisions of this Act unless it is commenced within four years after the party seeking to bring the claim discovered, or with due diligence should have discovered, the violation. (g) No Preemption Nothing in this Act shall be construed to limit any rights an individual may have under any other law providing protections against the unauthorized use of an individual’s name, voice, or likeness. (h) Severability If any provision of this Act, or the application thereof, is held invalid, the validity of the remainder of this Act and the application of such provision to other persons and circumstances shall not be affected thereby. (i) Construction Nothing in this Act shall alter the application by a court of First Amendment protections in the event such a defense is asserted to subsection (c). (j) Application This section shall be considered to be a law pertaining to intellectual property for the purposes of section 230(e)(2) of the Communications Act of 1934 ( 47 U.S.C. 230(e)(2) ). (k) Effective date This Act shall be effective 180 days after the enactment of this Act, and shall apply regardless of whether the individual has died before such effective date.