S-1367 — NO FAKES Act of 2025

YourVoice.Now Summary

Your MoneyWorkers & JobsCivil LibertiesCorporate BenefitsTransparency & AccountabilityTargeted & Unrelated Provisions

Gives you a right to sue over AI fakes of your voice or face — damages start at $5,000.

Your Money

Your payout for fakes of you — $5,000 minimum, plus lawyer fees

If someone posts a fake of your voice or face without permission, you could sue. You would get at least $5,000 per fake, or your real losses and their profits if that is more.

Your heirs' likeness rights — up to 70 years after death

The right would not die with you. Your family could hold it for 10 years, then renew in 5-year steps, up to 70 years.

Knowingly sharing a fake — costs you $5,000 minimum

The same damages point back at ordinary posters. If you share a fake knowing what it is, you could owe at least $5,000 for each one.

Workers & Jobs

Performers' control over likeness deals — capped at 10 years

While alive, you could not sign your voice or face away for more than 10 years at a time. The deal would have to be written and spell out the uses; union contracts would be exempt.

Minors' likeness deals need a judge — 5-year maximum

A deal covering someone under 18 would need a court's sign-off. It could not run past 5 years, and it would end when the person turns 18.

Civil Liberties

Your control over AI copies — new right, 180 days after signing

A new property right would let you decide who may use an AI copy of your voice or face. You could not sell it while alive, and it would start 180 days after signing.

News, satire, and parody — exempt from these lawsuits

Real news, public affairs, and sports coverage would not trigger a lawsuit. Nor would documentaries, life stories, commentary, criticism, teaching, satire, parody, or split-second uses.

Protection from sexual deepfakes — no satire or news defense

Those carve-outs would not apply to fakes showing sexual conduct. Calling that kind of fake satire, art, or news would not be a defense.

Anonymous posters' privacy — court clerk orders their names released

A rights holder could file a takedown notice and a sworn statement with a court clerk. The clerk would then order the website to hand over the poster's name, with no judge reviewing it first.

Getting a removed post back — requires suing within 14 days

There would be no simple form to get wrongly removed content put back. The uploader would have to sue the notice sender within 14 days, and even then the site only may restore it.

States' newer likeness laws — replaced unless in place January 2, 2025

This federal right would replace state claims over digital fakes in creative works. State laws on the books as of January 2, 2025 would stand, and so would state rules on sexual or election fakes.

Corporate Benefits

Platforms' shield for fast takedowns — remove flagged fakes, avoid suits

A site would be shielded if it lists a takedown contact, pulls flagged fakes fast, blocks matching re-uploads, and cuts off repeat offenders. A site that ignores valid notices could owe up to $750,000 per fake.

General AI tools' protection — only cloning tools face suits

Making or selling software that can build digital fakes would not be enough for a lawsuit. The tool would have to be built, sold, or pitched mainly to clone one named person.

Platforms' usual Section 230 shield — does not cover this right

Section 230 usually shields websites from suits over what users post. It has a carve-out for things like copyright, and this new right would sit inside that carve-out.

Transparency & Accountability

Penalty for false takedown notices — $25,000 each

Anyone who knowingly makes a false claim in a takedown notice would owe $25,000, or real losses if higher. Not checking whether the content is really a fake would count as a false claim.

Public list of takedown contacts — filed with the Copyright Office

Large upload sites and music services would have to name a takedown contact and file it with the Copyright Office. A site that skips this would be treated as not trying in good faith.

Targeted & Unrelated Provisions

Record labels' right to sue — only the music industry gets it

A record company could also sue, not just the artist. It would need an exclusive deal for the artist's services or recordings, and no other industry gets this.

More about this bill

You would get a new legal right to control AI copies of your voice and face. If someone posts a realistic fake of you without permission, you could sue. Damages start at $5,000 per fake against a person, and $25,000 against a company. Courts would also award your lawyer's fees if you win. The same rules could reach you. Knowingly sharing an unauthorized fake carries the same $5,000 floor. The right would start 180 days after the bill became law. Websites and apps could avoid lawsuits by acting fast. They would list a contact with the Copyright Office, remove flagged fakes, and block matching re-uploads. Sites that ignore valid notices could owe up to $750,000 per fake. A knowingly false takedown notice would cost the sender $25,000. Getting removed content put back is harder. You would have to sue the sender within 14 days. News reports, documentaries, commentary, satire, and parody would stay legal. Sexually explicit fakes would get none of those protections. Saying that content is AI-made would not be a defense. A rights holder could ask a court clerk for a subpoena to unmask an anonymous poster. No judge would review it first. You could license your likeness but not sell it while alive, and only for 10 years at a time. The right would last your lifetime and could pass to your heirs for up to 70 years. State digital-fake laws passed after January 2, 2025 would mostly give way to this federal rule.

Congressional Summary

Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025 or the NO FAKES Act of 2025This bill creates a federal intellectual property right to protect individuals from unauthorized digital replicas (e.g., digital content made using generative artificial intelligence) of their voice and visual likeness.Specifically, the bill gives each individual or right holder the right to authorize the use of the individual's voice or visual likeness (1) in a digital replica, or (2) for a product or service requiring authorization to avoid liability under the bill. This property right is not assignable during the individual’s lifetime but is licensable and does not expire upon the death of the individual.Generally, any individual or entity that engages in specified prohibited activities (e.g., distributing a digital replica without authorization) shall be liable in a civil action and subject to related penalties. The bill exempts specified uses from liability, such as categories of conduct likely to involve protected speech under the First Amendment (e.g., news reporting, sports broadcasts, and satire).The bill establishes a notice-and-takedown process for unauthorized digital replicas. The bill establishes penalties related to false or deceptive notice.The bill expressly preempts state laws related to digital replicas except for causes of action under state statutes or common law in existence as of January 2, 2025.

Legislative Subjects

Administrative law and regulatory proceduresAdministrative remediesArt, artists, authorshipCivil actions and liabilityComputers and information technologyDepartment of CommerceDigital mediaFederal preemptionIntellectual propertyInternet, web applications, social mediaMusicPhotography and imagingSound recording

Details

Congress: 119th
Chamber: Senate
Status: summarized
Action: Introduced in Senate
Action Date: 2025-04-09
Date Added: 2026-07-22
Source: Congress.gov →

Like reading a bill in plain English?

We're building an app that does this for every bill in Congress and lets you tell your reps how you want them to vote. We're a small team getting ready to launch, and we're trying to show investors that real people want this. Be one of them. Help us get it built. Leave your email and we'll tell you the moment the app is ready.