NO FAKES Act (Digital Replica Rights / AI Likeness Protection)

Current understanding

The NO FAKES Act of 2026 would create a new federal intellectual property right giving individuals control over unauthorized AI-generated digital replicas of their voice and visual likeness. It establishes civil liability for producers and distributors of unauthorized replicas, a notice-and-takedown process for online platforms, and expressly preempts most state right-of-publicity and likeness laws in this domain. Practical effect on affected groups (performers, private individuals, deceased persons’ estates, and platforms) is still being scoped; contested questions include the scope of First Amendment/parody carveouts, the preemption footprint, and takedown-abuse safeguards.

Evidence log

• 2026-07-21 — Safeguarding Against Fabricated Exploitation Through Artificial Intelligence Act of 2026: S5057 (Safeguarding Against Fabricated Exploitation Through Artificial Intelligence Act of 2026) introduced and referred to Senate Homeland Security — a parallel federal vehicle targeting AI-fabricated exploitation from a homeland-security posture, complementary to but distinct from NO FAKES’s likeness/replica IP framework and the narrower TAKE IT DOWN/DEFIANCE intimate-imagery vehicles. (novelty: 3)
• 2025-04-28 — TAKE IT DOWN Act: TAKE IT DOWN Act finding reaffirms the federal criminal-plus-48-hour-takedown model for nonconsensual intimate imagery (including AI-generated depictions), providing a narrower enacted baseline against which the broader NO FAKES likeness/replica regime and its notice-and-takedown mechanics can be calibrated. (novelty: 3)
• 2025-05-19 — TAKE IT DOWN Act: TAKE IT DOWN Act enacted as the first federal criminal ban on nonconsensual intimate imagery (including AI deepfakes) with a mandatory 48-hour platform takedown regime — narrower than NO FAKES (which covers all unauthorized AI likenesses) but now sets a concrete federal baseline for the intimate-imagery slice of the likeness/replica problem and a working model for statutory takedown mechanics. (novelty: 4)
• 2026-07-23 — A bill to prevent the distribution of intimate visual depictions without consent.: S5129 introduced in the Senate (referred to Judiciary) targeting distribution of intimate visual depictions without consent — a narrower NCII-focused vehicle that partially overlaps with NO FAKES on unauthorized-likeness harms but is not limited to AI-generated replicas. (novelty: 2)
• 2025-05-21 — DEFIANCE Act of 2025: DEFIANCE Act of 2025 introduced as a parallel but narrower federal vehicle: it creates a dedicated civil cause of action for nonconsensual intimate AI deepfakes (production, disclosure, possession-with-intent, or solicitation), expands punitive damages, attributable-profits recovery, and the limitations period — overlapping with NO FAKES on likeness/replica remedies but focused specifically on intimate imagery. (novelty: 3)
• 2026-01-13 — DEFIANCE Act of 2025: DEFIANCE Act of 2025 noted as a parallel but narrower federal effort: where NO FAKES creates a general likeness/replica right, DEFIANCE targets specifically nonconsensual intimate AI deepfakes with a civil cause of action and punitive damages, raising overlapping questions about First Amendment carveouts and remedies. (novelty: 4)
• 2026-05-29 — To amend the Communications Act of 1934 to provide for a gender identity content descriptor for video programming, and for other purposes.: HR9067 (gender identity video content descriptor amendment to Communications Act) noted as parallel federal effort regulating identity-related media content, distinct from NO FAKES Act’s focus on unauthorized AI likeness replicas. (novelty: 2)
• 2026-06-24 — NO FAKES Act of 2026: cross-connection with gender-identity-media-regulation: Both address federal regulation of identity-related media content; NO FAKES focuses on unauthorized AI likeness replicas while gender-identity media regulation addresses content classification. (novelty: 4)

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