HR2794119th CongressWALLET

NO FAKES Act of 2025

Sponsored By: Representative Salazar

Introduced

Summary

This bill would create a property-like Digital Replication Right giving people control over computer-generated or AI-created replicas of their voice and visual likeness, and it would set rules for licensing, post-mortem ownership, takedowns, and lawsuits for unauthorized uses.

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  • Families and heirs: Grants an initial 10-year exclusive post-death right that can be renewed in 5-year periods if the digital replica saw authorized public use in the prior renewal window.
  • Creators and minors: Requires written, signed licenses for lifetime use and special protections for minors by capping minor licenses at 5 years and terminating them when the minor reaches 18, with court approval as required by state law.
  • Online platforms and developers: Limits platform liability until a legally compliant notice or court order arrives, requires a designated takedown agent and fingerprint-based removals, and preserves exemptions for news, commentary, documentary, parody, and other specified uses.

Bill Overview

Analyzed Economic Effects

7 provisions identified: 4 benefits, 0 costs, 3 mixed.

Big penalties for unauthorized replicas

Right holders would be able to sue within 3 years after they discover a violation. Statutory damages would vary by role: individuals $5,000 per work, other entities $25,000 per work, and up to $750,000 per work or per product/service for providers that did not act in good faith; providers with good‑faith efforts would face $25,000 per work. Courts could order injunctions, punitive damages for willful misconduct, and reasonable attorney’s fees. Labeling a work as “unauthorized” or “AI‑generated” would not be a defense. If a provider reasonably believed the material was not a digital replica, its liability would be limited to actual damages.

New right over your digital likeness

This bill would give you a property-like right to control digital replicas of your voice and image. You could license it while alive, but you could not assign it away. After death, your estate would control it for 10 years, with 5-year renewals if there was active, authorized public use in the prior 2 years, and it would end no later than 70 years after death. To renew, a notice would be filed, and the Copyright Office would run a public directory and may charge a reasonable fee. Rules would start 180 days after enactment and would cover only conduct and contracts after that date; estates of people who died earlier could still claim this right.

Shield for general-purpose tools and sellers

Sellers and distributors of general‑purpose products or services would be shielded from liability under this bill. They would face liability only if the product or service is mainly designed to make unauthorized replicas, has little other use, or is marketed that way. If a tool has normal commercial uses, distributors generally would not be directly or secondarily liable.

New takedown rules for platforms

Online services would need to register a public contact for takedown notices with the Copyright Office. After a proper notice, they would have to remove or block the flagged replica as soon as feasible, and also remove matching uploads made after the notice using the provided digital fingerprint. Some providers would need a repeat‑infringer policy and to inform users. Sending a false or bad‑faith notice could cost the notifier $25,000 per notice or actual damages with fees. Platforms could restore content if the uploader sues the notifier within 14 days, and they would not be required to monitor for replicas.

Federal rule replaces many state laws

This bill would replace many state rules on digital replicas with a federal standard. It would not override state causes of action or statutes that existed on January 2, 2025. It also would not override state laws that target sexually explicit or election‑related digital replicas. State rules in place on January 2, 2025 about selling or distributing tools that can make replicas would also remain.

Limits on digital replica licenses

Licenses to use a person’s voice or image in a digital replica would need to be written and signed. They would have to describe the allowed uses in a specific way. For living people, licenses could not last more than 10 years. For minors, a license could not last more than 5 years, would end when the child turns 18, and would need a court’s approval under state law. These limits would not apply when a union contract covers digital replicas.

Quick subpoenas to identify uploaders

A right holder could ask a court clerk to issue a subpoena to an online service to identify an alleged violator. The request would include the takedown notice, a draft subpoena, and a sworn statement to use the info only to protect rights. If the filing meets the rules, the clerk would issue the subpoena and the provider would quickly disclose available identifying information.

Sponsors & CoSponsors

Sponsor

Salazar

FL • R

Cosponsors

  • Dean (PA)

    PA • D

    Sponsored 4/9/2025

  • Moran

    TX • R

    Sponsored 4/9/2025

  • Balint

    VT • D

    Sponsored 4/9/2025

  • Morelle

    NY • D

    Sponsored 4/9/2025

  • Lee (FL)

    FL • R

    Sponsored 5/29/2025

  • Lee (NV)

    NV • D

    Sponsored 5/29/2025

  • Wittman

    VA • R

    Sponsored 6/23/2025

  • Friedman

    CA • D

    Sponsored 6/23/2025

  • Miller (OH)

    OH • R

    Sponsored 12/3/2025

  • Moskowitz

    FL • D

    Sponsored 12/3/2025

Roll Call Votes

No roll call votes available for this bill.

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