- 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.
NO FAKES Act of 2025
Referred to the House Committee on the Judiciary.
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.
Progressives emphasize victim protection; conservatives emphasize free speech risks
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.
Substantive new federal IP/right with high litigation and constitutional risk, divided stakeholder interests, and substantial platform resistance reduce odds.
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.
Progressives emphasize victim protection; conservatives emphasize free speech risks
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- 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.
Why the argument around this bill splits.
Progressives emphasize victim protection; conservatives emphasize free speech risks
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.
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.
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.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Substantive new federal IP/right with high litigation and constitutional risk, divided stakeholder interests, and substantial platform resistance reduce odds.
- Absent cost estimate for compliance and litigation burdens
- How courts will apply First Amendment and news exceptions
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
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…
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.