NO FAKES Act of 2025
Sponsored By: Senator Coons, Christopher A. [D-DE]
Introduced
Summary
Digital Replication Right would give people exclusive control over realistic digital replicas of their voice or visual likeness. It would extend those rights after death, require written, time‑limited licenses for use, and create civil remedies plus a takedown and fingerprint system for online services.
Show full summary
- Living individuals would have an exclusive right and licenses during life must be in writing and capped at 10 years. Licenses for minors would be limited to 5 years, terminate at age 18, and need court approval.
- After death the right would vest in executors, heirs, licensees, or devisees. The initial post‑mortem exclusive period is 10 years, one 5‑year extension is possible if active authorized use is shown, and the right expires no later than 70 years after death.
- Covered online services would get a conditional safe harbor if they adopt and enforce a repeat‑violator policy, designate a public agent, and remove uploads matching a digital "fingerprint" after a valid notice. Non‑provider actors generally need actual knowledge to be liable. Right holders could sue within 3 years and seek statutory damages or actual damages plus profits, and false or deceptive notices can trigger a baseline penalty of $25,000 per misrepresentation.
The Act would take effect 180 days after enactment.
Your PRIA Score
Personalized for You
How does this bill affect your finances?
Sign up for a PRIA Policy Scan to see your personalized alignment score for this bill and every other piece of legislation we track. We analyze your financial profile against policy provisions to show you exactly what matters to your wallet.
Bill Overview
Analyzed Economic Effects
5 provisions identified: 1 benefits, 1 costs, 3 mixed.
Large penalties for fake digital likenesses
If enacted, damages would be at least the statutory amounts or actual damages plus profits. For unauthorized digital replicas, individuals could owe $5,000 per work. Providers who made a good-faith takedown effort could face $25,000 per work. Providers that did not comply could face $5,000 per instance, capped at $750,000 per work. Plaintiffs could also seek injunctions, punitive damages for willful misconduct, and attorney fees.
Big penalties for false takedown notices
If enacted, it would be unlawful to knowingly lie in a takedown notice. A false notice could cost at least $25,000 per notice or actual damages, whichever is greater. Costs include attorney fees and other damages. A failure to do a good-faith review can count as a knowing misrepresentation.
New online takedown and platform rules
If enacted, providers that register a designated agent and follow rules would get liability protection. Providers must remove claimed replicas as soon as technically feasible and remove later uploads that match a digital fingerprint. Notices must include specific elements and providers must notify both the right holder and the uploader. Right holders could get an expedited clerk-issued subpoena to identify alleged violators. The bill excludes many common uses, like news, commentary, documentary, parody, and basic transmission services. It would treat the section as intellectual property law for Section 230 purposes and would generally preempt new state claims, with some listed exceptions.
New rights for voice and image use
If enacted, the bill would create a new property right in a person's voice and visual likeness for licensing. The post‑mortem right is exclusive for 10 years after death. It can get one 5‑year extension and further 5‑year renewals if there was active authorized public use in the prior two years, but it ends no later than 70 years after death. Licenses while a person is alive must be written, signed, and last no more than 10 years. Licenses for minors can last up to 5 years, end at age 18, and need court approval. The applicable right holder, a parent or guardian for minors, and certain exclusive contract or license holders can sue. Lawsuits must start within 3 years after discovery.
Effective date for these changes
If enacted, the Act would take effect 180 days after enactment. That date would start when the Act's rights and duties begin. Some parts may have different effective dates or retroactivity limits.
Sponsors & CoSponsors
Sponsor
Coons, Christopher A. [D-DE]
DE • D
Cosponsors
Sen. Blackburn, Marsha [R-TN]
TN • R
Sponsored 4/9/2025
Amy Klobuchar
MN • D
Sponsored 4/9/2025
Sen. Tillis, Thomas [R-NC]
NC • R
Sponsored 4/9/2025
Sen. Cassidy, Bill [R-LA]
LA • R
Sponsored 5/14/2025
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 5/14/2025
Bill Hagerty
TN • R
Sponsored 5/14/2025
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 5/14/2025
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 6/3/2025
Sen. Moody, Ashley [R-FL]
FL • R
Sponsored 6/3/2025
Elissa Slotkin
MI • D
Sponsored 11/20/2025
Sen. Lankford, James [R-OK]
OK • R
Sponsored 11/20/2025
Peter Welch
VT • D
Sponsored 4/14/2026
Katie Britt
AL • R
Sponsored 4/14/2026
Roll Call Votes
No roll call votes available for this bill.
View on Congress.gov