SimpleFunctions
LEGISLATION/H.R. 2794

NO FAKES Act of 2025

119-HR-2794119th CongressIntroduced Apr 9, 2025Commerce
Market Probability
No market
Status
Introduced
Committee
Floor Vote
Other Chamber
Signed
Referred to the House Committee on the Judiciary.

Sponsor

Rep. Salazar, Maria Elvira [R-FL-27](R-FL-27)
10 cosponsors

Summary

Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025 or the NO FAKES Act of 2025

This bill creates a federal intellectual property right to protect individuals from unauthorized digital replicas (e.g., digital content made using generative artificial intelligence) of their voice and visual likeness.

Specifically, the bill gives each individual or right holder the right to authorize the use of the individual's voice or visual likeness (1) in a digital replica, or (2) for a product or service requiring authorization to avoid liability under the bill. This property right is not assignable during the individual’s lifetime but is licensable and does not expire upon the death of the individual.

Generally, any individual or entity that engages in specified prohibited activities (e.g., distributing a digital replica without authorization) shall be liable in a civil action and subject to related penalties. The bill exempts specified uses from liability, such as categories of conduct likely to involve protected speech under the First Amendment (e.g., news reporting, sports broadcasts, and satire).

The bill establishes a notice-and-takedown process for unauthorized digital replicas. The bill establishes penalties related to false or deceptive notice.

The bill expressly preempts state laws related to digital replicas except for causes of action under state statutes or common law in existence as of January 2, 2025.

Subjects

Administrative law and regulatory proceduresAdministrative remediesArt, artists, authorshipCivil actions and liabilityComputers and information technologyDepartment of CommerceDigital mediaFederal preemptionIntellectual propertyInternet, web applications, social mediaMusicPhotography and imagingSound recording

Actions (3)

Referred to the House Committee on the Judiciary.
Apr 9, 2025House floor actions
Introduced in House
Apr 9, 2025Library of Congress
Introduced in House
Apr 9, 2025Library of Congress