usa — track Congress Laws

NO FAKES Act of 2026

HR 8915 · In committee · last action May 20, 2026

<p><strong>Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 or the NO FAKES Act of 2026</strong></p><p>This bill creates a federal intellectual property right to protect individuals from unauthorized digital replicas (e.g., digital content made using generative artificial intelligence) of their voice and visual likeness.</p><p>Specifically, the bill gives each individual or right holder the right to authorize the use of the individual's voice or visual likeness (1) in a digital replica, or (2)&nbsp;for a product or service requiring authorization to avoid liability&nbsp;under the bill. This property right is not assignable during the individual’s lifetime but is licensable and does not expire upon the death of the individual.</p><p>Generally, any individual or entity that engages in specified prohibited activities (e.g., distributing a digital replica without authorization) shall be liable in a civil action and subject to related penalties.&nbsp;The bill exempts specified uses from liability, such as categories of conduct likely to involve protected speech under the First Amendment (e.g., news reporting, sports broadcasts, and satire).</p><p>The bill establishes (1) a notice-and-takedown process for unauthorized digital replicas; and (2) a counter-notification process, which allows an individual to contest the removal of a digital replica. The bill establishes penalties related to&nbsp;false or deceptive notice or counter-notice.</p><p>The bill expressly preempts state laws related to digital replicas&nbsp;except for causes of action under state statutes or common law in existence as of January 2, 2025.</p>

Sponsor

Maria Salazar (R-FL)

Associated votes

No votes recorded against this bill yet — vote coverage is a work in progress.

Official summary

<p><strong>Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 or the NO FAKES Act of 2026</strong></p><p>This bill creates a federal intellectual property right to protect individuals from unauthorized digital replicas (e.g., digital content made using generative artificial intelligence) of their voice and visual likeness.</p><p>Specifically, the bill gives each individual or right holder the right to authorize the use of the individual's voice or visual likeness (1) in a digital replica, or (2)&nbsp;for a product or service requiring authorization to avoid liability&nbsp;under the bill. This property right is not assignable during the individual’s lifetime but is licensable and does not expire upon the death of the individual.</p><p>Generally, any individual or entity that engages in specified prohibited activities (e.g., distributing a digital replica without authorization) shall be liable in a civil action and subject to related penalties.&nbsp;The bill exempts specified uses from liability, such as categories of conduct likely to involve protected speech under the First Amendment (e.g., news reporting, sports broadcasts, and satire).</p><p>The bill establishes (1) a notice-and-takedown process for unauthorized digital replicas; and (2) a counter-notification process, which allows an individual to contest the removal of a digital replica. The bill establishes penalties related to&nbsp;false or deceptive notice or counter-notice.</p><p>The bill expressly preempts state laws related to digital replicas&nbsp;except for causes of action under state statutes or common law in existence as of January 2, 2025.</p>