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The NO FAKES Act would create a federal right to authorize certain highly realistic digital replicas of a person’s voice or visual likeness. It is not law: as of October 8, 2026, the Senate-reported 2026 bill, S. 4591, remained pending after an objection blocked a September 30 unanimous-consent request to pass it. The bill’s protections are proposed, not currently enforceable federal rights under this Act.
What is the NO FAKES Act?
The NO FAKES Act is a proposed U.S. federal law addressing unauthorized digital replicas of a person’s voice or visual likeness. Its title’s idea that “your identity belongs to you” is an advocacy framing—not a statement of a federal right already created by this bill.
The current version discussed here is Senate-reported S. 4591, the 2026 proposal. It was introduced May 20, 2026, referred to the Senate Judiciary Committee, and reported in amended form on June 24. The Senate placed it on its Legislative Calendar on July 2. On September 30, Senator Marsha Blackburn sought unanimous consent to pass it; the presiding officer recorded an objection. As of October 8, 2026, neither that request nor the proposal had resulted in enactment. Congress.gov’s bill record and the September 30 Congressional Record document the bill and floor action.
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The reported bill defines a digital replica as a newly created, computer-generated, highly realistic electronic representation readily identifiable as an individual’s voice or visual likeness. It must appear in a sound recording, image, audiovisual work, or transmission where the person did not actually perform or appear, or where the fundamental character of an actual performance or appearance has been materially altered. The definition also excludes certain authorized reproduction, sampling, remixing, mastering, and remastering. See the Senate-reported bill text.
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That definition is narrower than “any use of someone’s face” or “anything made with AI.” Whether a particular image, performance, or edit fits would depend on the bill’s terms and the circumstances. The proposal concerns a person’s voice and visual likeness; it does not transfer ownership of the copyright in a photograph, recording, or film. Those can be separate legal interests.
Whose rights would the bill cover?
The proposal would establish a right to authorize covered uses of an individual’s voice or visual likeness in digital replicas. Its definition of “individual” includes a living or deceased human being, and the bill sets out provisions for right holders, including requirements for certain transfers, licenses, and registrations. These are proposed rights and procedures, not rights created by an enacted NO FAKES Act.
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Would every parody, news report, or AI use be prohibited?
No. The reported text includes exclusions for categories such as bona fide news, public affairs, or sports broadcasts and accounts; documentary, historical, or biographical depictions; bona fide commentary, criticism, scholarship, satire, or parody; and fleeting or negligible uses. The exclusions have qualifications, including a limitation for digital replicas depicting sexually explicit conduct. Their scope should not be simplified into a blanket rule that all parody, imitation, or AI-generated material is exempt—or prohibited.
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Scan for outdated or missing drivers - takes under a minuteDriver Scan →Clear out junk files and repair common Windows errorsFree Scan →On September 30, Blackburn described the bill as protecting commentary, criticism, scholarship, satire, parody, news, and sports broadcast material. That was her account of the proposal; the reported text itself governs the wording of its exceptions. Senator Chris Coons likewise described protections for parody, satire, documentaries, newscasts, and biopics while explaining the proposal on the Senate floor.
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How would online takedowns and remedies work?
Notice, counter-notice, and service safe harbors
The proposal sets out notice-and-takedown and counter-notice procedures, as well as safe harbors for qualifying online services that meet statutory conditions. The requirements vary by service category and may include removing or disabling access to specifically identified material, certain matching copies, and material linked from a notice. It is not a universal automatic-removal rule for every service or every complaint.
Proposed civil remedies and defenses
The bill proposes civil remedies that include statutory damages or actual damages plus attributable profits. It generally sets a three-year period running from discovery, or when discovery should have occurred with due diligence. It also addresses purely coincidental resemblance under stated conditions and says an AI disclaimer alone is not a defense. These provisions are terms of a pending bill; they do not currently let someone bring a claim under the NO FAKES Act. The outcome for any real dispute would depend on applicable law and facts.
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What changed in the 2026 proposal?
In announcing the revised bill, its sponsor said the 2026 version added a counter-notice procedure, an exemption for libraries, archives, and research institutions, and technical changes intended to address streaming music platforms. Those are sponsor-described changes; the Senate-reported text is the controlling source for what the proposal would actually require. Earlier versions, including the 2025 S. 1367 proposal, are not interchangeable with the 2026 text.
The sponsor’s announcement also named endorsers including industry groups, unions, companies, and creator organizations. That records support from the named organizations, not universal agreement or proof that the bill has taken legal effect.
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What should you do if someone uses your face or voice?
Because S. 4591 had not become law as of October 8, 2026, do not treat its proposed rights, takedown process, or remedies as presently available under this Act. A particular use may raise other legal issues, but this bill alone does not establish what rights or remedies apply to your situation. The proposal is not a substitute for advice about current law; if a real use is affecting you, consider consulting a qualified attorney about the specific content, location, and circumstances.
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