NO FAKES Act of 2026 (S. 4591)

Summary

Creates a federal right for individuals to control the use of their voice and likeness in computer-generated media, often called deepfakes.

What problem does this solve?

AI makes it easy to create fake videos and audio of people without their permission, which can harm their reputation and career. This bill gives people a legal property right to control these digital fakes and sue those who misuse them.

What does this bill do?

Creates a new federal property right

Establishes a personal property right for every individual, living or dead, to control the use of their voice and visual likeness in computer-generated 'digital replicas'.

Extends rights after death

Ensures the right to control one's digital likeness does not expire upon death and can be transferred to heirs for up to 70 years.

Establishes liability for unauthorized use

Makes it illegal for any person or company to publicly share an unauthorized digital replica or distribute a product primarily designed to create them.

Provides safe harbor for online platforms

Protects online services from being sued if they follow a specific notice-and-takedown process for removing unauthorized digital replicas when notified by a right holder.

Exempts news, parody, and commentary

Excludes uses of digital replicas for news, public affairs, documentary, commentary, criticism, satire, or parody from liability, unless it creates a false impression of authenticity.

Sets penalties for violations

Specifies financial penalties for violations, with minimums of $5,000 per unauthorized work for individuals and higher amounts for companies.

Penalizes false takedown notices

Makes it unlawful to knowingly lie in a takedown notice or a counter-notice, with a penalty of at least $25,000 for each false claim.

Overrides most state laws

Replaces state laws that protect voice and likeness in digital replicas to create a uniform federal standard, with some exceptions for existing laws.

Who does this affect?

Artists and performers
Online service providers
Software developers

What is the real world impact?

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Protects artists' careers

Prevents the unauthorized use of an artist's voice or likeness by AI, which could devalue their work, steal job opportunities, and harm their reputation. This ensures creators can control and profit from their own identity.

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Creates a uniform national standard

Replaces a patchwork of state-level right of publicity laws with a single federal law for digital replicas. This simplifies legal issues for creators and platforms that operate across the country.

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Could limit free speech and parody

Critics may argue that the law's exceptions for news, commentary, and parody are not clear enough. This could lead to lawsuits that discourage legitimate creative works or social commentary that use digital likenesses.

When does this start?

The rules would take effect 180 days after the bill is signed into law.