The NO FAKES Act: a proposed federal right over your voice and face

The short version

• The NO FAKES Act of 2026 would create a federal right to authorize, or refuse, the use of a realistic digital replica of your voice or visual likeness.
• The Senate bill (S. 4591) cleared the Senate Judiciary Committee in June 2026 and is waiting for a floor vote. The House bill (H.R. 8915) is still in committee.
• It is not law yet. If it passes both chambers and is signed, most of it would take effect 180 days later.

What the law does

The NO FAKES Act ("Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026") would give every individual a federal property right to authorize the use of a "digital replica" of their voice or visual likeness. A digital replica is a newly created, computer-generated, highly realistic representation that is readily identifiable as a person, in a recording or video they did not actually perform in, or one where their real performance was materially altered.

The bill would make someone liable if they publicly share an unauthorized digital replica, or distribute a product or service primarily designed to produce replicas of specific people without permission. Liability generally requires knowledge. For online services, it is triggered by a valid notice or court order.

Online platforms would get a safe harbor if they register an agent with the U.S. Copyright Office, remove material after a valid notice, and, for user-upload services, remove later uploads that match the same content's digital fingerprint. There is a counter-notice process, and a $25,000 penalty for knowingly false notices.

Damages in the Senate committee text are the greater of actual damages plus profits, or set amounts: $5,000 per work for an individual, $25,000 per work for a company that is not an online service, and up to $750,000 per work for a platform that has not made a good-faith effort to comply. Courts could also award punitive damages for willful conduct and attorney's fees.

Who it protects

Every individual, living or dead. During your life, the right cannot be sold outright, but it can be licensed. A license would be valid for no more than 10 years, must be in writing and signed, and must describe the intended uses in reasonably specific terms. Licenses for minors would be capped at five years, end at 18, and need court approval. Those license rules would not apply where a collective bargaining agreement addresses digital replicas.

After death, the right passes to heirs or whoever holds it. It lasts 10 years, then can be renewed in five-year blocks if the estate shows active, authorized public use, up to a maximum of 70 years after death. Renewals would be filed with the Register of Copyrights.

What it means for you

Creators and performers: You would have one national claim against unauthorized AI replicas, instead of relying only on state laws. A disclaimer saying a replica is "AI-generated" or "unauthorized" would not be a defense.

Musicians and labels: A record label or distributor with an exclusive contract or license for a recording artist could also sue over replicas of that artist.

Managers and agents: Any license would need a written, signed agreement with a reasonably specific description of uses, and a 10-year cap while the person is alive.

Platforms: Registering an agent and building notice, takedown and fingerprint-matching processes would be the path to the safe harbor.

What it doesn't do

• It does not cover news, public affairs or sports reporting, commentary, criticism, scholarship, satire or parody, or fleeting and negligible uses. Documentaries and biographical works are excluded unless they create a false impression of an authentic recording. None of these exclusions apply to sexually explicit replicas.
• It does not require platforms to monitor for replicas proactively, beyond the fingerprint matching tied to a valid notice.
• It would override some state claims about digital replicas in expressive works, but it keeps state laws that existed on January 2, 2025, and state laws specifically on sexually explicit or election-related replicas.
• It would not apply to conduct before the date of enactment.

Status and key dates

• May 20, 2026: S. 4591 introduced by Sen. Coons with a bipartisan group of cosponsors; H.R. 8915 introduced by Rep. Salazar and cosponsors.
• June 18, 2026: Senate Judiciary Committee ordered S. 4591 reported with a substitute amendment.
• June 24, 2026: S. 4591 reported and placed on the Senate calendar (Calendar No. 446).
• As of September 27, 2026: no Senate floor vote recorded. H.R. 8915 remains referred to the House Judiciary Committee with no markup.
• If enacted: takes effect 180 days after enactment.

Frequently asked questions

Is the NO FAKES Act law? No. As of September 27, 2026, the Senate bill is awaiting a floor vote and the House bill is in committee. Both chambers must pass the same text and the President must sign it.

What counts as a digital replica under the NO FAKES Act? A newly created, computer-generated, highly realistic representation readily identifiable as a person's voice or visual likeness, in a work they did not perform in or where their performance was materially altered. Authorized remixing, mastering and sampling are excluded.

Could I get an AI replica of me taken down under the bill? If it becomes law, you or your representative could send a notice to a platform's registered agent. To keep its safe harbor, the platform would need to remove the material as soon as technically and practically feasible and notify you and the uploader.

Does the NO FAKES Act protect people after they die? Yes. Rights would last 10 years after death, renewable in five-year periods with proof of active use, up to 70 years.

What you can do

• Track S. 4591 and H.R. 8915 on congress.gov.
• Check which state laws already protect you, since the bill keeps many of them.
• Before signing any AI or digital replica clause, ask for a written, specific description of how your replica can be used and for how long.
• Keep dated copies of any consents and licenses you grant.

Royall helps you keep a record of what you have and haven't consented to.

Sources

• S. 4591, NO FAKES Act of 2026, reported in Senate (text): https://www.govinfo.gov/content/pkg/BILLS-119s4591rs/xhtml/BILLS-119s4591rs.html
• S. 4591 bill status: https://www.congress.gov/bill/119th-congress/senate-bill/4591
• H.R. 8915, introduced (text): https://www.govinfo.gov/content/pkg/BILLS-119hr8915ih/xhtml/BILLS-119hr8915ih.html
• H.R. 8915 bill status: https://www.congress.gov/bill/119th-congress/house-bill/8915

Last verified: 2026-09-27

This is general information, not legal advice.