The NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe Act) would create the first federal intellectual property right covering an individual’s voice and visual likeness, allowing people to control AI-generated digital replicas of themselves. The bill establishes a notice-and-takedown framework for platforms and a postmortem right that can extend up to 70 years after death.

• “Digital replicas” — AI-generated, highly realistic representations of a person’s voice or visual likeness
• Both living and deceased individuals; rights are inheritable and licensable
• Online services hosting unauthorized digital replicas, with safe harbor available for compliant platforms

• Statutory damages of $5,000 per violation, or actual damages and disgorgement of profits
• Platform safe harbor available with notice-and-takedown compliance and designated agent registration
• Exceptions for news, commentary, satire, biographical works, and historical context
• Preempts state law for digital replicas in expressive works, but preserves state laws enacted before 2 January 2025 and laws on sexually explicit content