NO FAKES Act of 2026 (H.R. 8915)

Summary

The bill creates a federal intellectual property right protecting individuals from unauthorized digital replicas of their voice and visual likeness. Individuals or right holders may authorize such uses. The right is licensable but not assignable during life, and it does not expire on death. Violators face civil liability and penalties, subject to exemptions for protected speech. The bill sets up notice-and-takedown and counter-notification processes and preempts state digital replica laws, except causes of action under state statutes or common law in existence as of January 2, 2025.

Who it applies to

Applies to individuals and right holders whose voice or visual likeness is used in digital replicas, including content made with generative artificial intelligence, and to individuals or entities that engage in the specified prohibited activities, such as distributing a digital replica without authorization.

Key points

• Creates a federal property right to authorize use of a person's voice or visual likeness in a digital replica.
• The right is not assignable during the individual's lifetime but is licensable, and it does not expire upon death.
• Specified prohibited activities, such as distributing an unauthorized digital replica, create civil liability and penalties.
• Exempts uses likely to involve protected speech, such as news reporting, sports broadcasts and satire.
• Preempts state digital replica laws except causes of action under state statutes or common law in existence as of January 2, 2025.

Key dates

Introduced

May 20, 2026