NO FAKES Act of 2025

This bill gives every person the right to say yes or no to the use of their voice or image in an AI-made “digital replica.” Sharing an unauthorized digital replica—or selling a tool mainly built to make fake versions of a specific person—can lead to lawsuits. After someone dies, their family or estate controls this right for at least 10 years and can renew it in 5‑year steps, up to 70 years total. A warning like “this is AI” is not a defense. Some uses are allowed, like news, documentaries, commentary, satire, and brief or minor uses, but not sexually explicit deepfakes .

Online platforms are protected if they set a repeat‑violator policy, register a takedown agent, remove reported posts quickly, and also remove later copies that match a digital fingerprint after valid notice. They do not have to monitor everything otherwise. Sending a false or careless takedown notice can cost at least $25,000 per notice. Courts can order violators to pay set amounts (for example, $5,000 per work for individuals; up to $750,000 per work if a platform does not act in good faith), and can also stop the use, add punitive damages for willful conduct, and award attorney’s fees. Right holders can ask a court clerk for a subpoena to identify anonymous violators. The bill sets a national standard but keeps some state rules, including certain pre‑2025 laws and special laws about sexual or election deepfakes .

• Who is affected: people (living and deceased) and their estates; artists and performers; online platforms; developers who make or sell replica tools; and, for minors, their parents or guardians .
• What changes: a new right to control digital replicas; a notice‑and‑takedown system with fingerprint matches; limited exceptions; no “AI label” defense; penalties for false notices; strong damages and injunctions; and it counts as intellectual property under Section 230 (so normal platform immunity does not apply) .
• When: takes effect 180 days after it becomes law; applies to conduct after that date; the right also covers people who died before the law (it vests in their heirs).