NO FAKES Act of 2026

Bill Number: S. 4591
Origin Chamber: Senate
Congress: 119th Congress, Session 2
Policy Area: Commerce
Status: Introduced
Latest Action: 2026-06-24: Placed on Senate Legislative Calendar under General Orders. Calendar No. 446.
Last Updated: 2026-07-02T21:29:58Z

AI-Generated Summary

Purpose The legislation establishes a new federal property right to protect individuals' voice and visual likeness from unauthorized use in computer-generated digital replicas, such as highly realistic AI-created content. It aims to prevent unauthorized commercial or public exploitation while allowing limited exceptions for expressive uses.

Key Provisions

Digital Replication Right: Grants individuals (living or deceased) and their right holders exclusive authority to license use of their voice or likeness in digital replicas or related products/services. The right is non-assignable during life but licensable (with limits on duration) and transferable after death. Post-mortem exclusivity lasts 10 years (renewable for additional 5-year periods with demonstrated public use), terminating no later than 70 years after death.
Licensing Rules: Licenses must be in writing, describe intended uses, and generally last no more than 10 years (5 years for minors, ending at age 18). Collective bargaining agreements are exempt. Post-mortem transfers require written agreements.
Liability: Prohibits unauthorized public display, distribution, or transmission of digital replicas, or creation/distribution of products/services primarily designed for such replicas. Requires notice or actual knowledge for liability, with exclusions for internet backbone services, libraries, educational institutions, and good-faith removals.
Safe Harbors: Online services avoid liability by designating agents, implementing repeat-infringer policies, and promptly removing content upon valid notice (using digital fingerprints for matching). Counter-notifications allow restoration after 14 days unless litigation occurs. False notices incur penalties up to $25,000 or actual damages.
Exclusions from Liability: Covers bona fide news, documentaries, commentary, satire, parody, fleeting uses, and certain advertisements, but not sexually explicit depictions. Purely coincidental resemblances without commercial value are also exempt.
Remedies: Eligible plaintiffs (right holders, parents/guardians, or certain sound recording artist representatives) may seek statutory damages ($5,000–$750,000 per work), actual damages plus profits, injunctions, punitive damages for willful violations, and attorney fees. Actions must be filed within 3 years of discovery.
Other: Copyright Office maintains directories for designated agents and post-mortem registrations. Subpoenas can identify violators. The bill preempts certain state claims but preserves others.

Significant Changes to Existing Law This creates the first comprehensive federal right specifically addressing voice and visual likeness in digital replicas, modeled partly on copyright notice-and-takedown procedures. It extends protections beyond death (unlike many state right-of-publicity laws) and introduces safe harbors for online platforms. It does not alter copyright law for authorized sound recordings or remastering.

Potential Impacts

Government Agencies: Expands Copyright Office responsibilities for agent registration and post-mortem right directories, potentially increasing administrative workload.
Citizens: Enhances protection for individuals against unauthorized AI replicas in media and advertising, while preserving free speech in news, criticism, and satire. May affect content creators using AI tools.
International Relations: Could influence global standards for AI-generated content and cross-border licensing, particularly in entertainment and technology sectors.

Main Stakeholders Affected

Individuals and their heirs/right holders (especially performers and celebrities).
Online services, platforms, and digital music providers.
Entertainment industry participants, including sound recording artists and their representatives.
AI developers and technology companies creating replica tools.
Nonprofit libraries, archives, and educational institutions (with liability protections).

Notable Legal, Constitutional, or Political Implications The bill treats the right as intellectual property under Section 230 of the Communications Act, potentially shielding platforms. It includes First Amendment-aligned exclusions for expressive works but excludes explicit content. Preemption of state laws in expressive contexts may standardize protections nationwide while allowing state rules for election-related or explicit replicas. Bipartisan sponsorship reflects broad interest in addressing AI deepfake concerns.

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 (15)

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

Recent Actions

2026-06-24: Placed on Senate Legislative Calendar under General Orders. Calendar No. 446.
2026-06-24: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
2026-06-24: Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
2026-06-18: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
2026-05-20: Read twice and referred to the Committee on the Judiciary.
2026-05-20: Introduced in Senate

Bill Versions

Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 — issued 2026-06-24 — PDF (98 pages)