Bill > S4591

This bill, known as the NO FAKES Act of 2026, establishes new rights and protections for individuals regarding the use of their voice and visual likeness in digital creations, particularly in the context of artificial intelligence and other technologies that can generate realistic digital replicas. It grants individuals, or their designated "right holders" (such as heirs), the exclusive right to authorize the creation and use of "digital replicas," which are defined as computer-generated, highly realistic representations of a person's voice or likeness where the actual person did not perform or appear, or where their performance has been materially altered. This right is a property right that can be licensed and, importantly, does not expire upon the individual's death, lasting for a period of 10 years after death, with potential for renewal for additional 5-year periods, or until 70 years after death, whichever comes first. The bill also outlines specific requirements for licenses, including duration limits and written consent, especially for minors. It establishes liability for those who distribute or make available unauthorized digital replicas or products designed to create them, while also providing "safe harbor" provisions for online service providers who implement policies to address infringing content and promptly remove or disable access to it upon receiving proper notification. The legislation aims to protect intellectual property and prevent the misuse of individuals' identities in the digital realm, with provisions for civil actions, penalties, and subpoena powers to identify violators, and it preempts certain state-level claims related to digital replicas.