NO FAKES Act of 2026
Sponsored By: Representative Salazar, Maria Elvira [R-FL-27]
Introduced
Summary
Creates a new property-like Digital Replication Right that would let people control and license digital replicas of their voice and visual likeness. It would set rules for registration, post-mortem transfers and renewals, notice-and-takedown procedures, and civil remedies for unauthorized uses.
Show full summary
- Families and estates: The post-mortem right initially lasts 10 years and is renewable in 5-year increments. Renewal requires showing recent authorized public use so heirs or executors can keep control.
- Creators and minors: Living individuals must grant written licenses generally capped at 10 years. Licenses for minors require court approval and end when the minor reaches 18.
- Platforms and product makers: The bill creates designated-agent, notice-and-takedown, fingerprint removal, and counter-notice rules and authorizes subpoenas to identify alleged violators. Damages are tiered with up to $5,000 per product for individuals and up to $750,000 per work for high-liability cases.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
New civil penalties for digital replicas
If enacted, people or companies that publicly share unauthorized digital replicas could face civil suits. Suits must start within 3 years after discovery. Statutory damages are set per work: $5,000 for individual defendants and $25,000 for certain online service providers that met the law's good-faith duties, but a court can award actual damages plus costs and attorney fees instead. The rules apply only to acts and contracts after the law takes effect 180 days after enactment.
New takedown rules for platforms
If enacted, many online platforms would have to register a designated agent with the Copyright Office and post that contact info publicly. Platforms that adopt and implement repeat-infringer policies and promptly remove compliant notices would get limited liability protection. Rights-holders could send tightly structured notices and use clerk-issued subpoenas to identify alleged uploaders. Platforms would have to restore content after a valid counter-notice in 14 days unless the rights-holder sues. These rules would take effect 180 days after enactment.
Property right for voice likeness
If enacted, individuals would get a new property-like right over their voice and visual likeness. While alive, only the person could license it and licenses must be written and last no more than 10 years. Licenses involving minors could last up to 5 years, end at age 18, and need state court approval. After death the right would be exclusive for 10 years and renewable in 5-year steps if the estate shows authorized public use in the prior 2 years. The right ends if not renewed or 70 years after death. The Copyright Register could list rights and charge a fee. Rules take effect 180 days after enactment.
Federal limits on replica suits
If enacted, federal law would mostly override state lawsuits about voice and visual likeness rights tied to digital replicas. Some state claims would stay in force, including state causes that existed on January 2, 2025, and state laws specifically about sexually explicit or election-related replicas. State causes about distributing or importing tools to make replicas that existed on January 2, 2025 would also be preserved. These changes would take effect 180 days after enactment.
Sponsors & CoSponsors
Sponsor
Salazar, Maria Elvira [R-FL-27]
FL • R
Cosponsors
Rep. Dean, Madeleine [D-PA-4]
PA • D
Sponsored 5/20/2026
Rep. Moran, Nathaniel [R-TX-1]
TX • R
Sponsored 5/20/2026
Rep. Morelle, Joseph D. [D-NY-25]
NY • D
Sponsored 5/20/2026
Rep. Balint, Becca [D-VT-At Large]
VT • D
Sponsored 5/20/2026
Wittman
VA • R
Sponsored 5/20/2026
Rep. Moskowitz, Jared [D-FL-23]
FL • D
Sponsored 5/20/2026
Rep. Friedman, Laura [D-CA-30]
CA • D
Sponsored 5/20/2026
Rep. Lee, Susie [D-NV-3]
NV • D
Sponsored 5/20/2026
Lee (FL)
FL • R
Sponsored 5/20/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov