NO FAKES Act of 2026
Sponsored By: Senator Coons, Christopher A. [D-DE]
In Committee
Summary
Digital Replication Right would give people a property-style control over realistic AI versions of their voice and likeness and would set clear rules for platforms on registration, takedown, and penalties.
Show full summary
- Individuals and families: Would let a person or their right holder authorize digital replicas. The right would be licensable during life and transferable after death with an initial exclusive post-mortem term of 10 years and a maximum term ending no later than 70 years after death.
- Creators and minors: Would allow written licenses during life for up to 10 years and special limits for under-18s whose licenses can last no more than 5 years and end when they turn 18. Sound recording artists and some exclusive-license holders would be able to sue over unauthorized replicas.
- Online services and product makers: Would create a safe harbor for platforms that register a designated agent, adopt repeat-violator policies, and remove material after valid notice. Providers that fail to meet duties could face statutory damages from about $5,000 up to $750,000 per work or product depending on compliance and other factors.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 1 benefits, 0 costs, 3 mixed.
What is illegal and who is exempt
This bill would make it unlawful to publicly use a digital replica without authorization, and to sell or market tools mainly designed to make unauthorized replicas. It would say some uses are not covered, including many news, documentary, commentary, satire, library, and educational uses. The bill would protect people when a resemblance is purely accidental, but that defense applies only if the real person is not publicly recognized or the likeness has no commercial value. The exclusions would not apply to replicas used to depict sexually explicit conduct.
Notices, damages, and subpoenas
This bill would create detailed notice and counter-notice rules and allow right holders to get subpoenas to identify alleged violators. Knowingly false takedown notices or counter-notices would expose the sender to civil liability of at least $25,000 per misrepresentation or actual damages plus costs and attorney fees. Injured parties could recover statutory damages or actual damages plus profits; damages would vary by defendant type (for example, $5,000 per work for individuals, $25,000 per work for good-faith online services, and a $5,000-per-instance measure with a $750,000 cap for noncompliant providers). Civil suits would generally need to be filed within three years of discovery.
Platform duties and agent registration
If enacted, covered online services would need to name and publicly list a designated agent with the Copyright Office. The Office would keep a public agent directory and may charge providers a fee. To keep safe-harbor protection, providers would have to adopt a repeat-violator policy, remove flagged replicas quickly, notify both right holders and uploaders, and for some providers remove other uploads that match a digital fingerprint. A provider that fails to register within 90 days after coverage would be presumed noncompliant.
New right to control AI replicas
This bill would give each person the right to authorize the use of a digital replica of their voice or likeness. "Digital replica" would be defined so the rule only covers newly created, computer-generated copies. The right would apply whether the person is alive or dead and would pass to heirs or executors after death. This section would start 180 days after the bill is enacted.
Sponsors & CoSponsors
Sponsor
Coons, Christopher A. [D-DE]
DE • D
Cosponsors
Sen. Blackburn, Marsha [R-TN]
TN • R
Sponsored 5/20/2026
Sen. Klobuchar, Amy [D-MN]
MN • D
Sponsored 5/20/2026
Sen. Tillis, Thomas [R-NC]
NC • R
Sponsored 5/20/2026
Sen. Durbin, Richard J. [D-IL]
IL • D
Sponsored 5/20/2026
Sen. Britt, Katie Boyd [R-AL]
AL • R
Sponsored 5/20/2026
Sen. Hirono, Mazie K. [D-HI]
HI • D
Sponsored 5/20/2026
Sen. Moody, Ashley [R-FL]
FL • R
Sponsored 5/20/2026
Sen. Welch, Peter [D-VT]
VT • D
Sponsored 5/20/2026
Sen. Cassidy, Bill [R-LA]
LA • R
Sponsored 5/20/2026
Sen. Schiff, Adam B. [D-CA]
CA • D
Sponsored 5/20/2026
Sen. Hagerty, Bill [R-TN]
TN • R
Sponsored 5/20/2026
Sen. Slotkin, Elissa [D-MI]
MI • D
Sponsored 5/20/2026
Sen. Lankford, James [R-OK]
OK • R
Sponsored 5/20/2026
Sen. Blumenthal, Richard [D-CT]
CT • D
Sponsored 6/16/2026
Sen. Scott, Rick [R-FL]
FL • R
Sponsored 6/16/2026
Roll Call Votes
No roll call votes available for this bill.
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