The NO FAKES Act would create a new federal right that lets people control digital replicas of their own voice and visual likeness — realistic computer-generated or AI-made imitations of a real person. Anyone who makes or distributes an unauthorized digital replica could be sued, with statutory damages starting at $5,000 per work for an individual and reaching $25,000 or more for companies (and up to $750,000 for an online service that ignores a valid complaint). The right lasts for a person's lifetime and then passes to their heirs for at least 10 years after death, up to a maximum of 70 years. Online services get a legal safe harbor if they promptly remove flagged material after a proper notice, and rights holders could use a court subpoena to identify anonymous violators. The bill carves out clear protections for news, documentaries, commentary, criticism, satire, and parody so that legitimate speech is not swept in. Because the new right is written as intellectual property, the usual Section 230 shield that protects platforms from lawsuits over user content would not apply to these claims.
Civil Liberties
- Voice and likeness control — Individuals gain a federal right over digital replicas of themselves
- Expressive-use protections — News, documentary, commentary, satire, and parody uses are exempted
- Section 230 immunity — Removed for online services hosting unauthorized digital replicas
- Online anonymity — Rights holders can subpoena services to identify alleged violators
Transparency & Accountability
- Designated-agent registration — Online services must register an agent to receive takedown notices
Congressional Summary
Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 or the NO FAKES Act of 2026This 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 (1) the use of a digital replica embodying the individual's voice or visual likeness, or (2) the use of the individual's voice or visual likeness 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 (1) a notice-and-takedown process for unauthorized digital replicas; and (2) a counter-notification process, which allows an individual to contest the removal of a digital replica. The bill establishes penalties related to false or deceptive notice or counter-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.
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Reported to Senate
- Action Date
- 2026-06-24
- Date Added
- 2026-07-03
- Source
- Congress.gov →
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