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NO FAKES Act of 2026

USA119th CongressS-4591| Senate 
| Updated: 5/20/2026
Christopher A. Coons

Christopher A. Coons

Democratic Senator

Delaware

Cosponsors (13)
Bill Cassidy (Republican)Mazie K. Hirono (Democratic)Katie Boyd Britt (Republican)Adam B. Schiff (Democratic)Thomas Tillis (Republican)Richard J. Durbin (Democratic)Marsha Blackburn (Republican)Ashley Moody (Republican)Amy Klobuchar (Democratic)James Lankford (Republican)Bill Hagerty (Republican)Peter Welch (Democratic)Elissa Slotkin (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted
The bill establishes a new federal digital replication right to protect an individual's voice and visual likeness from unauthorized use in digital replicas. A digital replica is defined as a highly realistic, computer-generated representation where the individual did not perform or their performance was materially altered. This right is a property right , licensable during life, and transferable post-mortem, lasting up to 70 years after death with renewals based on active public use. Licenses for living individuals are generally limited to 10 years (5 for minors) and require written agreements detailing intended uses, with court approval for minors. These limitations do not apply to collective bargaining agreements. Post-mortem transfers also require written agreements, and renewals of post-mortem rights require registration with the Copyright Office. Civil liability is established for unauthorized public display, distribution, or transmission of digital replicas, or for distributing tools primarily designed to create them. Liability requires notice, actual knowledge, or willful avoidance of knowledge. Exclusions exist for bona fide news, commentary, scholarship, satire, and fleeting uses, but these do not apply to sexually explicit content. Online service providers can avoid liability by implementing a repeat violator policy and a notice-and-takedown system. Upon valid notification, they must expeditiously remove or disable access to the unauthorized content, including other instances matching a digital fingerprint for certain services. Providers must also designate an agent with the Copyright Office to receive these notifications, with penalties for false notices. Injured parties can bring civil actions seeking statutory damages (ranging from $5,000 to $750,000), actual damages, injunctive relief, and punitive damages for willful violations. The bill preempts state laws regarding digital replicas in expressive works but preserves existing state laws concerning sexually explicit content, election-related replicas, and products/services for creating replicas. While the right applies to all individuals regardless of death date, liability only applies to conduct and contracts occurring after the bill's enactment.
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Timeline

Bill from Previous Congress

S 118-4875
NO FAKES Act of 2024
Apr 9, 2025

Latest Companion Bill Action

HR 119-2794
Introduced in House
May 20, 2026
Introduced in Senate
May 20, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-4875
    NO FAKES Act of 2024


  • April 9, 2025

    Latest Companion Bill Action

    HR 119-2794
    Introduced in House


  • May 20, 2026
    Introduced in Senate


  • May 20, 2026
    Read twice and referred to the Committee on the Judiciary.

NO FAKES Act of 2026

USA119th CongressS-4591| Senate 
| Updated: 5/20/2026
The bill establishes a new federal digital replication right to protect an individual's voice and visual likeness from unauthorized use in digital replicas. A digital replica is defined as a highly realistic, computer-generated representation where the individual did not perform or their performance was materially altered. This right is a property right , licensable during life, and transferable post-mortem, lasting up to 70 years after death with renewals based on active public use. Licenses for living individuals are generally limited to 10 years (5 for minors) and require written agreements detailing intended uses, with court approval for minors. These limitations do not apply to collective bargaining agreements. Post-mortem transfers also require written agreements, and renewals of post-mortem rights require registration with the Copyright Office. Civil liability is established for unauthorized public display, distribution, or transmission of digital replicas, or for distributing tools primarily designed to create them. Liability requires notice, actual knowledge, or willful avoidance of knowledge. Exclusions exist for bona fide news, commentary, scholarship, satire, and fleeting uses, but these do not apply to sexually explicit content. Online service providers can avoid liability by implementing a repeat violator policy and a notice-and-takedown system. Upon valid notification, they must expeditiously remove or disable access to the unauthorized content, including other instances matching a digital fingerprint for certain services. Providers must also designate an agent with the Copyright Office to receive these notifications, with penalties for false notices. Injured parties can bring civil actions seeking statutory damages (ranging from $5,000 to $750,000), actual damages, injunctive relief, and punitive damages for willful violations. The bill preempts state laws regarding digital replicas in expressive works but preserves existing state laws concerning sexually explicit content, election-related replicas, and products/services for creating replicas. While the right applies to all individuals regardless of death date, liability only applies to conduct and contracts occurring after the bill's enactment.
View Full Text

Suggested Questions

Get AI-generated questions to help you understand this bill better

Timeline

Bill from Previous Congress

S 118-4875
NO FAKES Act of 2024
Apr 9, 2025

Latest Companion Bill Action

HR 119-2794
Introduced in House
May 20, 2026
Introduced in Senate
May 20, 2026
Read twice and referred to the Committee on the Judiciary.
  • Bill from Previous Congress

    S 118-4875
    NO FAKES Act of 2024


  • April 9, 2025

    Latest Companion Bill Action

    HR 119-2794
    Introduced in House


  • May 20, 2026
    Introduced in Senate


  • May 20, 2026
    Read twice and referred to the Committee on the Judiciary.
Christopher A. Coons

Christopher A. Coons

Democratic Senator

Delaware

Cosponsors (13)
Bill Cassidy (Republican)Mazie K. Hirono (Democratic)Katie Boyd Britt (Republican)Adam B. Schiff (Democratic)Thomas Tillis (Republican)Richard J. Durbin (Democratic)Marsha Blackburn (Republican)Ashley Moody (Republican)Amy Klobuchar (Democratic)James Lankford (Republican)Bill Hagerty (Republican)Peter Welch (Democratic)Elissa Slotkin (Democratic)

Judiciary Committee

  • Introduced
  • In Committee
  • On Floor
  • Passed Chamber
  • Enacted