What does Preamble of NO FAKES Act of 2026 do?

This bill, formally titled the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026” or the “NO FAKES Act of 2026,” aims to protect intellectual property rights in the voice and visual likeness of individuals. It defines terms such as 'digital fingerprint,' 'digital replica,' 'individual,' 'interactive computer service,' 'online service,' 'right holder,' 'sound recording artist,' and 'user uploaded material.' The bill establishes a 'Digital Replication Right' granting individuals or right holders the right to authorize the use of their voice or visual likeness in digital replicas. This right is intended to be a property right, not assignable during the individual's lifetime but licensable, and transferable after death. The bill includes provisions regarding subpoenas for identifying alleged violators and addresses preemption of state laws related to digital replicas. It clarifies that online service providers are not required to monitor for digital replicas unless expressly provided in the bill.

What does SHORT TITLE. of NO FAKES Act of 2026 do?

This bill is formally titled the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026, also known as the NO FAKES Act of 2026.

What does VOICE AND VISUAL LIKENESS RIGHTS. of NO FAKES Act of 2026 do?

This section establishes rights related to the use of an individual's voice or visual likeness in digital replicas. A 'digital replica' is defined as a computer-generated representation of an individual's voice or likeness, often used in sound recordings or audiovisual works where the individual did not actually perform or appear, or where their performance has been materially altered. Each individual or 'right holder' has the right to authorize the use of their digital replica, which is considered a property right. This right is not assignable during the individual's lifetime and continues after their death, with specific rules governing its transfer and duration. The right holder's rights expire after 10 years post-death, potentially extendable for an additional 5-year period if there's demonstrated active and authorized public use. The section preempts state law causes of action regarding digital replicas in expressive works, with exceptions for existing state laws and those addressing sexually explicit or election-related replicas. Online service providers are not required to monitor for digital replicas unless expressly required by the section. Liability for unauthorized use is limited to actual damages.

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NO FAKES Act of 2026

Last updated: 6/24/2026 · Introduced: 5/20/2026

Author: Christopher Coons (D-DE)

TL;DR (AI)

This bill establishes 'Voice and Visual Likeness Rights' granting individuals and their estates control over the use of their digital replicas, including the ability to license these rights.
The law creates a property right related to voice and visual likeness, which is inalienable during an individual's lifetime but can be licensed, and continues after death with a default 10-year post-mortem ownership period.
Online service providers are generally shielded from liability for unauthorized digital replicas unless they are expressly required to monitor or have reason to believe the material qualifies as a digital replica.

119th Congressin committeeHR. 8915(In Committee)Official page

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