S-1367 — NO FAKES Act of 2025

YourVoice.Now Summary

Civil LibertiesCorporate BenefitsTransparency & Accountability

Creates a federal right to control AI 'digital replicas' of your voice and face — unauthorized deepfakes could bring lawsuits.

Civil Liberties

Voice and likeness control — New federal right lets individuals authorize or block AI digital replicas of themselves
Expressive-content latitude — Distributing unauthorized digital replicas becomes actionable, with carve-outs for news, satire, and commentary

Corporate Benefits

Platform liability protection — Online services avoid liability by registering an agent and honoring takedown notices

Transparency & Accountability

Takedown-notice system — Platforms must register a Copyright Office agent and remove flagged replicas after valid notice
False-notice penalty — $25,000 for knowingly submitting a deceptive takedown notice

The details

Artificial intelligence can now clone a person's voice or face to make realistic fake videos and recordings. This bill would create a new federal property right that lets people control digital replicas of their own voice and likeness. Using someone's digital replica without permission — or selling a tool built mainly to make them — could bring a lawsuit. The right lasts a person's lifetime and can pass to heirs for up to 70 years after death. Online platforms would gain protection if they follow steps modeled on copyright law. They must register an agent, quickly remove flagged fakes after a valid notice, and cut off repeat offenders. Sending a false takedown notice could cost $25,000. The bill exempts news, documentaries, commentary, satire, and parody — but not sexually explicit deepfakes. A disclaimer that content is AI-generated is not a defense. People who create or spread unauthorized replicas could owe $5,000 or more per work, and services that ignore the rules could owe up to $750,000. Victims can also recover actual losses, profits, and attorney's fees, and can ask a court to stop the use. Licenses to use someone's likeness must be in writing, with stricter limits for minors. The new federal right would partly replace a patchwork of state laws while leaving some in place.

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 →

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