NO FAKES Act of 2025

This bill creates a national right for every person to control how their voice and face are used in digital replicas, including those made with artificial intelligence. You must give permission before someone uses your voice or image this way, and you can choose to license that use. After someone dies, this right passes to their heirs for at least 10 years, with 5-year renewals if it’s actively used, and ends no later than 70 years after death. Licenses must be in writing. Extra rules protect minors: any license ends at age 18, can last no more than five years, and needs court approval.

Sharing an unauthorized digital replica with the public is banned. It’s also illegal to sell or promote tools mainly built to make unauthorized replicas of a specific person. Some uses are allowed, like real news, documentaries, commentary, satire, or parody when the replica is relevant, but not for sexually explicit depictions. Saying “this is AI” or “this is unauthorized” is not a defense. People who are harmed (including parents of minors and some parties with exclusive music deals) can sue within three years. Courts can award set-dollar amounts or actual losses and profits, can increase penalties if a platform didn’t act in good faith, and may add punitive damages and attorney fees.

Online platforms get safe-harbor protection if they adopt a repeat‑violator policy, quickly remove flagged replicas, and, for certain services, also block future matching uploads using “digital fingerprints.” They must register a takedown agent with the Copyright Office. Sending a false or deceptive takedown notice can cost at least $25,000 per notice. Right holders can ask a court clerk for a subpoena to learn who posted a replica. Platforms are not required to monitor everything by default. The bill also sets national rules that limit some state lawsuits about digital replicas while keeping certain existing state laws (as of January 2, 2025) and special state rules for sexually explicit or election‑related replicas.

• Who is affected: everyone (living or deceased) whose voice or image can be digitally copied; minors have extra protections; sound recording artists and those with certain exclusive music contracts; online platforms; makers and sellers of tools mainly meant to make unauthorized replicas.
• What changes: permission required to use a person’s voice/likeness in a digital replica; clear licensing rules; narrow exceptions for news, documentary, commentary, satire, or parody; notice‑and‑takedown with fingerprinting for platforms; strong money damages and attorney fees; penalties for false notices; a process to subpoena an uploader’s identity; and national rules that trim some state claims but keep others.
• When: applies only to conduct after the law takes effect; the Act takes effect 180 days after enactment. The new right also applies to people who died before enactment and vests in their heirs.