NO FAKES Act of 2025
- Bill Number
- H.R. 2794
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-04-09: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-23T18:11:08Z
AI-Generated Summary
Purpose of the Legislation
The NO FAKES Act of 2025 establishes federal protections for individuals' voice and visual likeness against unauthorized use in digital replicas, such as AI-generated audio or video that mimics a person's appearance or voice without permission. It aims to create a property right for these likenesses, allowing control over their commercial exploitation while providing safe harbors for online platforms and exceptions for free speech activities.
Key Provisions
- Definitions:
- Digital replica: A computer-generated representation of a person's voice or visual likeness that is highly realistic but not performed by the actual individual (or alters an original performance significantly). Excludes authorized remixing or remastering of existing works.
- Right holder: The individual or anyone who legally acquires rights to their likeness (e.g., via license or inheritance).
- Online service: Broadly includes websites, apps, search engines, and other platforms hosting user-uploaded content, with specific rules for digital music providers.
- Other terms cover sound recording artists, user-uploaded material, and digital fingerprints (unique electronic identifiers for content).
- Digital Replication Right:
- Grants individuals (living or deceased) an exclusive property right to authorize use of their voice or likeness in digital replicas or related products/services.
- The right is not assignable during life but can be licensed (with written agreements specifying uses; limited to 10 years for adults, 5 years for minors under court approval).
- Post-death: Rights last up to 70 years, transferable to heirs; renewable in 5-year increments if actively used, with registration required via the U.S. Copyright Office.
- Authorized uses can continue after license expiration if consistent with original terms.
- Liability:
- Applies to activities in interstate commerce, such as distributing or making available unauthorized digital replicas or tools primarily designed to create them (e.g., AI software targeting specific people).
- Requires knowledge or notice for online services; individuals/entities need actual knowledge.
- Excludes basic internet infrastructure providers and cases where removal isn't feasible.
- Safe Harbors for Online Services (modeled after the Digital Millennium Copyright Act):
- No liability for linking or hosting user content if platforms designate a contact agent with the Copyright Office, implement repeat-infringer policies, and promptly remove notified unauthorized content (including matching instances via digital fingerprints).
- Penalties for false takedown notices: Up to $25,000 per misrepresentation, plus actual damages.
- Subpoena process allows right holders to identify uploaders through courts.
- Civil Actions and Remedies:
- Eligible plaintiffs: Right holders, parents/guardians of minors, or entities contracting with sound recording artists.
- Statute of limitations: 3 years from discovery of violation.
- Damages: Statutory minimums ($5,000–$750,000 per work/product, varying by defendant type and good faith); actual damages/profits; injunctive relief; punitive damages for willful violations; attorney fees for prevailing parties.
- No defense based on disclaimers (e.g., labeling as AI-generated).
- Exceptions:
- No liability for news, documentaries, commentary, criticism, satire, parody, or fleeting uses, unless involving sexually explicit content (defined as depictions of sexual acts under federal law).
- Preempts (overrides) state laws on digital replicas in expressive works but preserves existing state protections for publicity rights, sexual content, elections, or tools enabling replicas.
- Other Rules:
- Treats this as intellectual property law under Section 230 of the Communications Decency Act (no general monitoring duty for platforms).
- Applies only to conduct after enactment; rights vest retroactively for deceased individuals.
- Effective 180 days after enactment; severability clause ensures partial invalidity doesn't void the whole law.
Significant Changes to Existing Law
- Introduces a new federal property right specifically for digital replicas of voice and likeness, expanding beyond traditional state-based "right of publicity" laws (which protect against unauthorized commercial use of identity but vary by state and often end at death).
- Federalizes enforcement with uniform standards, preemption of conflicting state laws for expressive digital works, and integration with federal copyright systems (e.g., Copyright Office directories).
- Builds on but doesn't replace copyright or trademark laws; adds liability for AI tools enabling unauthorized replicas, which weren't explicitly covered before.
- Enhances online intermediary protections similar to DMCA but tailored to likeness rights, including fingerprint-based takedowns and subpoena for user identification.
Potential Impacts
- On Citizens: Empowers performers, celebrities, and ordinary people to control and monetize their digital likeness, reducing risks from deepfakes in entertainment, ads, or misinformation. Heirs of deceased individuals gain similar protections, potentially increasing inheritance value but requiring active management for renewals.
- On Government Agencies: The U.S. Copyright Office must maintain public directories for agents and post-mortem rights, process registrations/notices, and set fees—adding administrative workload but leveraging existing infrastructure.
- On Online Services and Businesses: Platforms face new compliance costs (e.g., agent designation, takedown processes) but gain liability shields if they act in good faith; AI developers and content creators must obtain licenses, potentially slowing innovation in generative tech.
- On International Relations: Minimal direct impact, as it focuses on U.S. interstate commerce; however, it could influence global standards for AI ethics and IP in cross-border digital content.
Main Stakeholders Affected
- Individuals and Heirs: Living/deceased people (especially public figures, actors, musicians) and their families, who gain enforceable rights but must navigate licensing/registration.
- Sound Recording Artists and Entertainment Industry: Explicit protections for performers; unions/contracts may adapt to cover digital replicas.
- Online Service Providers: Tech companies (e.g., social media, search engines, cloud storage) responsible for compliance; smaller platforms may face higher burdens without safe harbors.
- AI and Tech Developers: Creators of tools for generating replicas, who risk liability if products target specific individuals without authorization.
- Content Creators and Media: Journalists, filmmakers, and satirists benefit from exceptions but must avoid misleading uses.
Notable Legal, Constitutional, or Political Implications
- Legal: Creates a hybrid IP regime blending property rights with copyright enforcement tools, potentially leading to more lawsuits over digital content; interacts with Section 230 by preserving platform immunities while imposing notice-and-takedown duties. Preemption may standardize protections but allow states to handle non-expressive or pre-2025 cases.
- Constitutional: Balances First Amendment rights through exceptions for news, parody, and criticism, avoiding broad speech restrictions; however, exclusions for sexually explicit deepfakes align with existing federal obscenity laws. No explicit challenges anticipated, but courts may scrutinize "material alteration" definitions for overreach.
- Political: Bipartisan introduction signals consensus on AI risks to personal identity; reflects growing concerns over deepfakes in elections/entertainment without partisan framing. Could set precedent for future federal AI regulations, emphasizing individual rights over unchecked tech advancement.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Rep. Salazar, Maria Elvira [R-FL-27]
Cosponsors (10)
Rep. Dean, Madeleine [D-PA-4], Rep. Moran, Nathaniel [R-TX-1], Rep. Balint, Becca [D-VT-At Large], Rep. Morelle, Joseph D. [D-NY-25], Rep. Lee, Laurel M. [R-FL-15], Rep. Lee, Susie [D-NV-3], Rep. Wittman, Robert J. [R-VA-1], Rep. Friedman, Laura [D-CA-30], Rep. Miller, Max L. [R-OH-7], Rep. Moskowitz, Jared [D-FL-23]
Recent Actions
- 2025-04-09: Referred to the House Committee on the Judiciary.
- 2025-04-09: Introduced in House
- 2025-04-09: Introduced in House
Bill Versions
- Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025 — issued 2025-04-09 — PDF (39 pages)