This bill, known as the "NO FAKES Act of 2026," creates a new federal intellectual property right to protect an individual's voice and visual likeness from unauthorized use in "digital replicas." A digital replica is defined as a computer-generated, highly realistic electronic representation of an individual's voice or visual likeness where the individual did not actually perform or their performance was materially altered. This right grants individuals or their designated right holders the exclusive authority to authorize the use of their likeness in such replicas or related products and services, aiming to address the growing concerns surrounding deepfakes and AI-generated content. The digital replication right is characterized as a property right , which is not assignable during an individual's lifetime but can be licensed. Crucially, this right does not expire upon the individual's death, allowing for post-mortem control. Upon death, the right becomes transferable and licensable by heirs or assignees, initially for a period of 10 years. This post-mortem right can be renewed for additional 5-year periods if active and authorized public use is demonstrated, but it ultimately terminates at the earlier of non-renewal or 70 years after the individual's death. The bill establishes civil liability for any individual or entity that publicly displays, distributes, or makes available an unauthorized digital replica or a product or service primarily designed to create such replicas. Liability for online services generally requires notification from a right holder or actual knowledge, while other entities require actual knowledge. Several important exclusions from liability are provided, including for bona fide news, public affairs, sports broadcasts, documentaries, commentary, criticism, scholarship, satire, and parody. However, these exclusions do not apply if the digital replica depicts sexually explicit conduct. Online service providers can qualify for safe harbor protections if they implement a repeat violator policy and promptly remove or disable access to infringing material upon receiving a valid notification from a right holder. These providers must also designate an agent with the Copyright Office to receive such notifications. The bill outlines detailed requirements for both notifications and counter-notifications, and imposes penalties for knowingly making false or deceptive claims. Right holders can bring civil actions, with remedies including statutory damages ranging from $5,000 to $750,000 per violation, actual damages, injunctive relief, and attorney's fees. The legislation preempts state law causes of action for voice and visual likeness rights concerning digital replicas in expressive works, but it explicitly preserves existing state laws (as of January 2, 2025) related to digital replicas, especially those depicting sexually explicit conduct or election-related content. Liability under this Act applies to conduct occurring after its enactment and to licenses executed after that date. The digital replication right itself, however, applies to all individuals, whether living or deceased before, on, or after the enactment date, ensuring that the rights of deceased individuals vest in their heirs.