SimpleFunctions
LEGISLATION/S. 4591

NO FAKES Act of 2026

119-S-4591119th CongressIntroduced May 20, 2026Commerce
Market Probability
No market
Status
Introduced
Committee
Floor Vote
Other Chamber
Signed
Placed on Senate Legislative Calendar under General Orders. Calendar No. 446.

Sponsor

Sen. Coons, Christopher A. [D-DE](D-DE)
15 cosponsors

Summary

Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 or the NO FAKES Act of 2026

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 (1) the use of a digital replica embodying the individual's voice or visual likeness, or (2) the use of the individual's voice or visual likeness 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 (1) a notice-and-takedown process for unauthorized digital replicas; and (2) a counter-notification process, which allows an individual to contest the removal of a digital replica. The bill establishes penalties related to false or deceptive notice or counter-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 (6)

Placed on Senate Legislative Calendar under General Orders. Calendar No. 446.
Jun 24, 2026Senate
Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
Jun 24, 2026Senate
Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
Jun 24, 2026Library of Congress
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Jun 18, 2026Senate
Read twice and referred to the Committee on the Judiciary.
May 20, 2026Senate
Introduced in Senate
May 20, 2026Library of Congress