NO FAKES Act of 2026

Protection Against Unauthorized Replicas: Section 2(b)(1) gives individuals and right holders the right to authorize the use of their voice or visual likeness in a digital replica, protecting everyday people and artists from having fake audio or video of them made and shared without their permission.

Clear Rules for Minors: Section 2(b)(ii) ensures that any license involving a living individual under 18 years of age cannot last longer than five years, terminates when the minor turns 18, and must be approved by a court in accordance with State law, protecting young performers from long-term unfair contracts.

Protection for News, Satire, and Parody: Section 2(c)(5)(A) excludes bona fide news, public affairs, sports broadcasts, documentaries, commentary, criticism, scholarship, satire, and parody from liability, ensuring that freedom of speech and expression are protected for the public.

Burdens on Online Platforms and Potential Censorship: Section 2(d)(1)(B) requires online service providers to quickly remove or disable access to claimed unauthorized digital replicas upon receiving a notice, which could lead to platforms taking down legitimate content out of caution to avoid lawsuits.

Post-Mortem Registration and Renewal Fees: Section 2(b)(2)(D) allows the Register of Copyrights to require the payment of reasonable filing fees from right holders to maintain a directory for post-mortem digital replication rights, creating a financial cost for families managing the likeness rights of deceased relatives.

Penalties for False or Deceptive Notices: Section 2(d)(5)(B) imposes a minimum penalty of $25,000 per notification or counter-notification that contains a knowing material misrepresentation, which could financially burden individuals who make honest mistakes or struggle to navigate the legal notice process.