New federal law locks down voice and likeness rights—for 70 years after death
H.R. 2794 — NO FAKES Act of 2025 · Filed by Maria Salazar (R-FL) · 10 cosponsors · Introduced Apr 9, 2025 · Referred to committee
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What it does
The NO FAKES Act creates a new federal property right in a person's voice and visual likeness, protecting against unauthorized AI-generated digital replicas. It gives individuals and their heirs the power to license or block the use of their likeness in deepfakes and similar synthetic media, with statutory damages ranging from $5,000 to $750,000 per violation. Online platforms must register with the Copyright Office, remove infringing content upon notice, and face liability if they fail to do so in good faith.
Why we flagged it
The bill's core mechanism is the creation of a new federal property right in voice and visual likeness, enforceable through civil litigation with statutory damages. It is fundamentally a copyright-adjacent intellectual property statute, not a consumer protection or privacy measure, despite framing around 'protecting' individuals.
What the text implies
- Post-mortem rights lasting up to 70 years after death create a new form of perpetual intellectual property that may restrict historical, biographical, and transformative uses of deceased public figures' likenesses for decades.
- The requirement that online platforms register designated agents and maintain Copyright Office directories creates a new compliance infrastructure; platforms that fail to register lose safe-harbor protection entirely, potentially exposing them to $750,000-per-work liability.
The full analysis lists 5 implications of this text.
Who stands to gain
entertainment industry (actors, musicians, sound recording artists); talent management and licensing firms; copyright enforcement and litigation services