NO FAKES Act of 2026

Protection of Personal Likeness: Individuals and their right holders gain the specific right to authorize the use of their voice or visual likeness in digital replicas (Section 2(b)(1)).

Control Over Post-Mortem Rights: The bill ensures that rights to a voice or visual likeness can continue after an individual's death, allowing heirs or executors to manage and license these rights (Section 2(b)(2)(A)(ii)).

Protection for Minors: The act includes specific, stricter requirements for licenses involving individuals under 18 years of age, such as requiring court approval (Section 2(b)(2)(B)(ii)).

Legal Recourse for Unauthorized Use: Individuals or eligible plaintiffs can bring civil actions to seek damages, such as $5,000 per work, if their digital replica is used without authorization (Section 2(e)(5)(A)(i)).

Mechanism to Identify Violators: The bill provides a way for right holders to request a subpoena to identify those who have used their likeness without permission (Section 2(f)(1)).

Restrictions on Creative Uses: Certain uses, such as those in news, documentaries, or historical/biographical representations, may be subject to specific limitations or exclusions (Section 2(c)(5)(A)).

Burden of Compliance for Online Services: Online service providers must implement policies for terminating repeat violators and must act quickly to remove unauthorized material upon receiving a notice (Section 2(d)(1)(B)).

Financial Penalties for Misrepresentation: Individuals or entities that provide false or deceptive notifications or counter-notifications may be held liable for significant fines, such as $25,000 (Section 2(d)(5)(B)).

Limitations on Liability for Coincidental Resemblance: A person might not be held liable if the resemblance to a voice or likeness is purely coincidental and the individual lacks public recognition or commercial value (Section 2(e)(3)(A)).