Who it would protect
Every individual—living or deceased—through a proposed federal right governing highly realistic digital replicas of voice or visual likeness.
Pending legislation — not current federal law.The provisions described as part of this bill would take effect only if enacted.
Legislative status
The current proposal is the NO FAKES Act of 2026, S.4591 and H.R.8915. It supersedes the earlier 2025 proposal for tracking purposes but has not passed Congress or become law.
What the bill would do
The 2026 NO FAKES proposal would establish a federal property right allowing an individual or right holder to authorize uses of that person’s voice or visual likeness in a highly realistic, computer-generated digital replica.
It would address public distribution of unauthorized digital replicas and specified products or services designed for unauthorized replication. Online services could qualify for liability limitations by registering an agent and following the bill’s notice, removal, repeat-copy, counter-notice, and restoration procedures.
The proposal contains exclusions and safeguards for constitutionally protected uses, including qualifying news, public-affairs, documentary, historical, biographical, commentary, criticism, scholarship, satire, parody, and other expressive contexts. The precise application depends on the full statutory tests.
Key dates
| Date | Milestone |
|---|---|
| May 20, 2026 | S.4591 and H.R.8915 are introduced as the NO FAKES Act of 2026. |
| June 18, 2026 | Senate Judiciary Committee orders an amended substitute reported favorably by voice vote. |
| July 2, 2026 | S.4591 is placed on the Senate Legislative Calendar. |
| Current status | Neither chamber has passed the 2026 proposal. |
In brief
What it would cover
Specified unauthorized public uses of digital replicas and certain products or services designed to generate unauthorized replicas.
Who would have duties
Persons distributing covered replicas and online services choosing to use the proposal’s liability-limitation process.
Legislative proposal: The bill’s provisions are not enforceable unless Congress passes and the President signs the legislation.
Proposed civil remedies
The Senate-reported bill would authorize statutory or actual damages, attributable profits, injunctive relief, and—in defined willful cases—punitive damages. Amounts and limitations vary by defendant type, conduct, good-faith compliance, and other statutory factors.