H.R. 2794 (119th)Bill Overview

NO FAKES Act of 2025

Commerce|Administrative law and regulatory proceduresAdministrative remedies
Cosponsors
Support
Bipartisan
Introduced
Apr 9, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

The bill creates a federal property-like right in an individual’s voice and visual likeness for use in "digital replicas," including post-mortem transfer and licensing rules. It makes unauthorized creation, distribution, or offering of digital replicas or tools that primarily produce them a civil violation, sets notice-and-takedown safe harbors for online services, establishes damages and remedies, and includes specific exemptions and registration processes.

Why people may split

Progressives emphasize victim protection; conservatives emphasize free speech risks

Watch point

Relative to its intended legislative type, this bill is a substantive policy statute that comprehensively defines a new 'digital replication' property right and establishes a detailed civil enforcement and safe-harbor framework, while also imposing several administrative duties on the Register of Copyrights and online service providers.

The bill creates a federal property-like right in an individual’s voice and visual likeness for use in "digital replicas," including post-mortem transfer and licensing rules.

It makes unauthorized creation, distribution, or offering of digital replicas or tools that primarily produce them a civil violation, sets notice-and-takedown safe harbors for online services, establishes damages and remedies, and includes specific exemptions and registration processes.

Passage30/100

Substantive new federal IP/right with high litigation and constitutional risk, divided stakeholder interests, and substantial platform resistance reduce odds.

CredibilityPartially aligned

Relative to its intended legislative type, this bill is a substantive policy statute that comprehensively defines a new 'digital replication' property right and establishes a detailed civil enforcement and safe-harbor framework, while also imposing several administrative duties on the Register of Copyrights and online service providers.

Contention68/100

Progressives emphasize victim protection; conservatives emphasize free speech risks

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Likely helpedLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • Potential benefitStrengthens creators’ and individuals’ control and monetization of voice and likeness in AI-generated works.
  • Potential benefitAuthorizes heirs and right holders to license post‑mortem likeness rights, creating potential revenue streams.
  • Potential benefitEstablishes clear notice-and-takedown procedures and safe harbors for online services complying with them.
Likely burdened
  • Potential burdenIncreases compliance, content‑moderation, and reporting costs for online services and platforms.
  • Potential burdenMay incentivize over‑removal of user content due to fear of large statutory damages and misrepresentation penalties.
  • Potential burdenPotentially chills lawful expressive uses such as parody, commentary, or academic scholarship despite some exemptions.
03 · Why people split

Why the argument around this bill splits.

Progressives emphasize victim protection; conservatives emphasize free speech risks
Progressive80%

Likely supportive overall because the bill protects individuals, artists, and heirs from unauthorized deepfakes and exploitation.

Concerned about how takedown mechanics and platform incentives might suppress legitimate expression and minority voices without extra safeguards.

Leans supportive
Centrist60%

Generally favorable to protecting likeness and combating harmful deepfakes, but cautious about implementation complexity and unintended consequences.

Would want clearer definitions, predictable safe-harbor processes, and proportional damages to balance rights and free expression.

Split reaction
Conservative20%

Skeptical to opposed due to expanded federal regulation, liability for online services, and potential First Amendment impacts.

Views enforcement and large statutory penalties as government overreach that will harm businesses and speech.

Likely resistant
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood30/100

Substantive new federal IP/right with high litigation and constitutional risk, divided stakeholder interests, and substantial platform resistance reduce odds.

Scope and complexity
86%
Scopesweeping
86%
Complexityhigh
Why this could stall
  • Absent cost estimate for compliance and litigation burdens
  • How courts will apply First Amendment and news exceptions
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

Progressives emphasize victim protection; conservatives emphasize free speech risks

Substantive new federal IP/right with high litigation and constitutional risk, divided stakeholder interests, and substantial platform resi…

Unlocked analysis

Relative to its intended legislative type, this bill is a substantive policy statute that comprehensively defines a new 'digital replication' property right and establishes a detailed civil enforcement and safe-harbor f…

Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis