NO FAKES Act of 2025

Bill Number: S. 1367
Origin Chamber: Senate
Congress: 119th Congress, Session 1
Policy Area: Commerce
Status: Introduced
Latest Action: 2025-04-09: Read twice and referred to the Committee on the Judiciary.
Last Updated: 2026-06-23T18:11:16Z

AI-Generated Summary

Purpose of the Legislation

The NO FAKES Act of 2025 aims to protect individuals' intellectual property rights over their voice and visual likeness (appearance) by creating a federal framework to prevent unauthorized use in digitally created replicas, such as AI-generated deepfakes in audio, images, or videos. It seeks to safeguard personal identity in the digital age while allowing controlled licensing for legitimate uses.

Key Provisions

Definitions:
Digital replica: A computer-generated representation that realistically depicts a person's voice or appearance in media (e.g., sound recordings, videos) where the person did not actually participate, or where their original performance is significantly altered. Excludes authorized remixing or remastering of existing works.
Right holder: The individual themselves, or heirs/licensees who inherit or acquire rights to control use of the likeness.
Online service: Broadly covers websites, apps, search engines, and other platforms hosting user-uploaded content, with specific rules for music providers and others.

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.
Rights are not transferable 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; initial 10-year period, renewable in 5-year increments if actively used publicly, registered with the U.S. Copyright Office.
Applies to all humans, regardless of when they died.

Liability for Violations:
Prohibits distributing, transmitting, or making available unauthorized digital replicas or tools primarily designed to create them (e.g., AI software targeting specific people) if it affects interstate commerce.
Requires knowledge or notice of infringement; excludes basic internet infrastructure providers.
Exceptions: No liability for news/sports broadcasts, documentaries, commentary, criticism, satire/parody, or minor/fleeting uses (but not if involving explicit sexual content).

Safe Harbors for Online Services:
Modeled after the Digital Millennium Copyright Act (DMCA): Platforms avoid liability if they designate a contact agent with the Copyright Office, remove infringing content upon valid notice, terminate repeat offenders, and implement anti-infringement policies.
Notices must include signatures, details on the replica/person affected, and good-faith claims; false notices can lead to penalties up to $25,000 per instance.
Platforms can use "digital fingerprints" (unique digital identifiers) to detect and remove matching unauthorized content.

Enforcement and Remedies:
Civil lawsuits by right holders (or guardians for minors; unions/labels for recording artists) within 3 years of discovering violations.
Damages: Statutory minimums ($5,000–$750,000 per work/product, higher for willful acts or non-compliant platforms) or actual losses/profits; plus injunctions, punitive damages for malice, and attorney fees.
Subpoenas allowed to identify anonymous uploaders via court clerks.
Disclaimers (e.g., "This is AI-generated") do not excuse liability.

Other Rules:
Preempts (overrides) new state laws on digital replicas in expressive works but preserves existing state laws on publicity rights, explicit content, or election deepfakes.
No general duty for platforms to monitor content proactively.
Applies only to conduct after enactment; rights vest retroactively for deceased persons.
Effective 180 days after passage.

Significant Changes to Existing Law

Establishes a new federal property right specifically for digital replicas of voice and likeness, complementing but not replacing state "right of publicity" laws (which protect against commercial misuse of identity).
Federalizes enforcement for interstate/online activities, creating uniform rules and preempting conflicting state approaches for digital contexts.
Integrates with existing IP frameworks: Treats these rights as intellectual property under Section 230 of the Communications Decency Act (limiting platform liability) and involves the Copyright Office in registrations/directories.
Introduces post-mortem renewal mechanisms and licensing limits not uniformly present in prior laws, while excluding AI disclosures as defenses.

Potential Impacts

On Citizens: Empowers performers, celebrities, and ordinary people to control and monetize their digital likeness, reducing risks from harmful deepfakes (e.g., misinformation, defamation). Heirs benefit from extended protections, but licensing requirements may add administrative burdens for creators.
On Government Agencies: The U.S. Copyright Office gains responsibilities for maintaining public directories of rights/agents and processing notices/fees, potentially increasing workload and requiring new regulations.
On Online Platforms and Businesses: Encourages faster content moderation (e.g., via AI detection tools), with safe harbors incentivizing compliance; non-compliance risks high fines, affecting tech companies, social media, and AI developers.
On International Relations: Minimal direct impact, as it focuses on U.S. commerce; however, it may influence global standards for AI ethics and IP in cross-border digital content.

Main Stakeholders Affected

Individuals and Right Holders: Living/deceased persons, heirs, estates, and licensees (e.g., family members inheriting rights).
Creative Professionals: Sound recording artists, actors, and entertainers who rely on voice/likeness for income; unions/labels can sue on their behalf.
Online Service Providers: Platforms like YouTube, TikTok, search engines, and app stores handling user content; must invest in compliance systems.
Technology and AI Developers: Companies creating tools for replicas (e.g., deepfake software) face liability if marketed for unauthorized uses.
Content Creators and Media: Journalists, filmmakers, and satirists benefit from exceptions but must navigate boundaries to avoid lawsuits.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens IP enforcement against emerging AI technologies without creating criminal penalties (civil only); interacts with copyright/trademark laws and provides tools like subpoenas for anonymity challenges. Preemption clause may lead to litigation over state-federal overlaps.
Constitutional: Balances property rights with First Amendment free speech by carving out protections for news, parody, and criticism; exclusions for explicit content tie into broader privacy/obscenity standards. No monitoring duties avoid prior restraint issues.
Political: Bipartisan bill (introduced by Sens. Coons, Blackburn, Klobuchar, Tillis) reflects growing concerns over AI misuse in entertainment and elections; positions the U.S. as a leader in digital IP regulation amid tech industry lobbying for safe harbors. Could spark debates on innovation vs. protection in AI policy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Coons, Christopher A. [D-DE]

Cosponsors (13)

Sen. Blackburn, Marsha [R-TN], Sen. Klobuchar, Amy [D-MN], Sen. Tillis, Thomas [R-NC], Sen. Cassidy, Bill [R-LA], Sen. Schiff, Adam B. [D-CA], Sen. Hagerty, Bill [R-TN], Sen. Durbin, Richard J. [D-IL], Sen. Hirono, Mazie K. [D-HI], Sen. Moody, Ashley [R-FL], Sen. Slotkin, Elissa [D-MI], Sen. Lankford, James [R-OK], Sen. Welch, Peter [D-VT], Sen. Britt, Katie Boyd [R-AL]

Recent Actions

2025-04-09: Read twice and referred to the Committee on the Judiciary.
2025-04-09: Introduced in Senate

Bill Versions

Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025 — issued 2025-04-09 — PDF (39 pages)