NO FAKES Act of 2026
- Bill Number
- H.R. 8915
- Origin Chamber
- House
- Congress
- 119th Congress, Session 2
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2026-05-20: Referred to the House Committee on the Judiciary.
- Last Updated
- 2026-06-23T18:10:02Z
AI-Generated Summary
Purpose This legislation establishes federal protection for individuals' intellectual property rights in their voice and visual likeness, specifically targeting unauthorized "digital replicas" created through technology such as artificial intelligence. It aims to prevent the unauthorized public display, distribution, or use of such replicas in commerce while providing mechanisms for licensing and enforcement.
Key Provisions
- Definitions: Establishes terms including "digital replica" (a highly realistic computer-generated representation of an individual's voice or likeness in media where the individual did not perform), "right holder," "online service," and "digital fingerprint" for identification purposes.
- Digital Replication Right: Grants individuals a property right to authorize use of their voice or likeness in digital replicas or related products/services. This right is licensable (with limits on duration: up to 10 years while living, 5 years for minors), transferable after death, and lasts up to 70 years post-mortem, with possible 5-year renewals upon proof of active use. Licenses must be in writing and include specific use descriptions.
- Liability: Creates civil liability for unauthorized public distribution of digital replicas or for distributing products/services primarily designed to create them without authorization. Requires notice or actual knowledge for online services; includes exclusions for news, commentary, parody, satire, and certain historical uses (but not for sexually explicit content).
- Safe Harbors: Provides protections for online services that register designated agents, implement notice-and-takedown procedures (similar to copyright systems), use digital fingerprints for removal, and handle counter-notifications. Providers must remove content promptly upon valid notice.
- Enforcement: Allows civil actions by right holders (or guardians for minors, or certain licensees for sound recording artists) within 3 years of discovery. Remedies include statutory damages ($5,000–$750,000 per violation depending on entity and compliance), actual damages, profits, injunctions, punitive damages for willful acts, and attorney's fees. Includes subpoena processes for identifying violators and penalties for false notices.
- Other Rules: Preempts certain state laws on digital replicas in expressive works; includes severability, retroactive application to post-enactment conduct, and an effective date 180 days after enactment.
Significant Changes to Existing Law
- Introduces a new federal intellectual property right for voice and visual likeness in digital replicas, distinct from traditional copyright or right of publicity laws.
- Establishes uniform national standards and safe harbors for online platforms, overriding some inconsistent state approaches.
- Extends protections post-mortem with registration options through the Copyright Office, which was not uniformly available under prior frameworks.
- Creates specific liability for tools or services enabling unauthorized replicas, while carving out First Amendment-related uses.
Potential Impacts
- Government Agencies: Increases responsibilities for the Copyright Office to maintain directories of designated agents and post-mortem rights registrations, potentially requiring new regulatory processes and fees.
- Citizens: Provides individuals (including deceased persons' estates) greater control over their likeness in digital media, potentially reducing unauthorized deepfakes while allowing licensed uses in entertainment and commerce.
- International Relations: May influence cross-border digital content flows by applying to interstate or foreign commerce, potentially affecting global platforms and creators.
- Broader Effects: Could encourage development of content moderation tools and licensing markets but may increase compliance costs for online services.
Main Stakeholders Affected
- Individuals and their estates/right holders (living or deceased).
- Sound recording artists and their licensees.
- Providers of online services, websites, and digital platforms (e.g., social media, streaming services).
- Content creators, media companies, and advertisers.
- Nonprofit libraries, educational institutions, and news organizations (with exemptions).
- The U.S. Copyright Office and federal courts.
Notable Legal, Constitutional, or Political Implications
- Legal: Treats the right as intellectual property under Section 230 of the Communications Act, limiting platform immunity in certain cases; includes detailed notice-and-counter-notice processes to balance enforcement and due process.
- Constitutional: Incorporates First Amendment protections by excluding bona fide news, commentary, satire, and parody (with limits on misleading uses), while prohibiting disclaimers as a defense.
- Political: Addresses emerging concerns over AI-generated content in entertainment and public discourse; preempts some but not all state laws, potentially leading to ongoing federal-state coordination issues.
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 (9)
Rep. Dean, Madeleine [D-PA-4], Rep. Moran, Nathaniel [R-TX-1], Rep. Morelle, Joseph D. [D-NY-25], Rep. Balint, Becca [D-VT-At Large], Rep. Wittman, Robert J. [R-VA-1], Rep. Moskowitz, Jared [D-FL-23], Rep. Friedman, Laura [D-CA-30], Rep. Lee, Susie [D-NV-3], Rep. Lee, Laurel M. [R-FL-15]
Recent Actions
- 2026-05-20: Referred to the House Committee on the Judiciary.
- 2026-05-20: Introduced in House
- 2026-05-20: Introduced in House
Bill Versions
- Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 — issued 2026-05-20 — PDF (48 pages)