This legislation, known as the NO FAKES Act of 2025, creates a new federal intellectual property right for individuals to control their voice and visual likeness when used in digital replicas . A digital replica is defined as a newly created, computer-generated, highly realistic electronic representation readily identifiable as an individual's voice or likeness, where the individual did not actually perform or their performance was materially altered. This right applies to both living and deceased individuals. The established right is a property right that is licensable during an individual's lifetime, with specific requirements for license duration and written agreements. Importantly, the right does not expire upon the individual's death, transferring to their heirs or assigns for an initial period of 10 years, renewable for additional 5-year terms up to a maximum of 70 years post-mortem, provided there is active and authorized public use. The bill outlines civil liability for any individual or entity that publicly displays, distributes, transmits, or makes available an unauthorized digital replica, or distributes products/services primarily designed to create such replicas. Liability for online service providers requires notification or actual knowledge of the unauthorized material. However, certain uses are excluded from liability, including bona fide news, public affairs, documentaries, commentary, criticism, scholarship, satire, or parody, unless they depict sexually explicit conduct. Online services are granted safe harbors if they implement a repeat violator policy and comply with notice-and-takedown procedures. Upon receiving a valid notification, online services must promptly remove or disable access to the identified unauthorized digital replica and, for certain services, remove other instances matching a digital fingerprint. Penalties are established for knowingly making false or deceptive notifications. Eligible plaintiffs, including right holders, can bring civil actions, with remedies including statutory damages ranging from $5,000 to $750,000 per violation depending on the defendant and their good faith efforts, or actual damages plus profits. The bill also allows for injunctive relief, punitive damages for willful malice, and attorney's fees for the prevailing party. A process is included for right holders to subpoena online services to identify alleged violators. The Act preempts certain state laws regarding digital replicas in expressive works but explicitly preserves existing state laws as of January 2, 2025, and state laws specifically regulating sexually explicit or election-related digital replicas. It clarifies that this is an intellectual property law and does not impose a general duty on online service providers to monitor their services. The provisions apply to conduct occurring after the Act's enactment, with the right itself applying to individuals regardless of their death date relative to the enactment.
Administrative law and regulatory proceduresAdministrative remediesArt, artists, authorshipCivil actions and liabilityComputers and information technologyDepartment of CommerceDigital mediaFederal preemptionIntellectual propertyInternet, web applications, social mediaMusicPhotography and imagingSound recording
NO FAKES Act of 2025
USA119th CongressHR-2794| House
| Updated: 4/9/2025
This legislation, known as the NO FAKES Act of 2025, creates a new federal intellectual property right for individuals to control their voice and visual likeness when used in digital replicas . A digital replica is defined as a newly created, computer-generated, highly realistic electronic representation readily identifiable as an individual's voice or likeness, where the individual did not actually perform or their performance was materially altered. This right applies to both living and deceased individuals. The established right is a property right that is licensable during an individual's lifetime, with specific requirements for license duration and written agreements. Importantly, the right does not expire upon the individual's death, transferring to their heirs or assigns for an initial period of 10 years, renewable for additional 5-year terms up to a maximum of 70 years post-mortem, provided there is active and authorized public use. The bill outlines civil liability for any individual or entity that publicly displays, distributes, transmits, or makes available an unauthorized digital replica, or distributes products/services primarily designed to create such replicas. Liability for online service providers requires notification or actual knowledge of the unauthorized material. However, certain uses are excluded from liability, including bona fide news, public affairs, documentaries, commentary, criticism, scholarship, satire, or parody, unless they depict sexually explicit conduct. Online services are granted safe harbors if they implement a repeat violator policy and comply with notice-and-takedown procedures. Upon receiving a valid notification, online services must promptly remove or disable access to the identified unauthorized digital replica and, for certain services, remove other instances matching a digital fingerprint. Penalties are established for knowingly making false or deceptive notifications. Eligible plaintiffs, including right holders, can bring civil actions, with remedies including statutory damages ranging from $5,000 to $750,000 per violation depending on the defendant and their good faith efforts, or actual damages plus profits. The bill also allows for injunctive relief, punitive damages for willful malice, and attorney's fees for the prevailing party. A process is included for right holders to subpoena online services to identify alleged violators. The Act preempts certain state laws regarding digital replicas in expressive works but explicitly preserves existing state laws as of January 2, 2025, and state laws specifically regulating sexually explicit or election-related digital replicas. It clarifies that this is an intellectual property law and does not impose a general duty on online service providers to monitor their services. The provisions apply to conduct occurring after the Act's enactment, with the right itself applying to individuals regardless of their death date relative to the enactment.
Administrative law and regulatory proceduresAdministrative remediesArt, artists, authorshipCivil actions and liabilityComputers and information technologyDepartment of CommerceDigital mediaFederal preemptionIntellectual propertyInternet, web applications, social mediaMusicPhotography and imagingSound recording