S.1367 - Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025; NO FAKES Act of 2025 (119th Congress)
Summary
The NO FAKES Act aims to protect intellectual property rights related to an individual's voice and visual likeness, particularly concerning digital replicas. It establishes a digital replication right, granting individuals and their right holders control over the use of their voice and likeness in digital representations. The bill defines key terms like 'digital replica,' 'online service,' and 'right holder,' outlining the scope and limitations of these rights.
Expected Effects
The Act will likely lead to increased legal protections for celebrities and other public figures against unauthorized digital impersonations. It will also create new compliance burdens for online platforms and services that host user-generated content. The bill introduces a notice-and-takedown system for unauthorized digital replicas, similar to copyright law.
Potential Benefits
- Protection of Individual Identity: Empowers individuals to control their digital likeness and prevent unauthorized exploitation.
- Incentivizes Original Content Creation: By protecting against unauthorized replicas, the Act may encourage investment in original artistic works.
- Clarity for Online Platforms: Provides a framework for addressing unauthorized digital replicas, potentially reducing legal uncertainty.
- Economic Benefits for Right Holders: Allows right holders to monetize the use of digital replicas through licensing.
- Consumer Protection: Helps prevent deceptive uses of digital replicas that could mislead consumers.
Most Benefited Areas:
Potential Disadvantages
- Potential for Censorship: The broad definition of 'digital replica' could lead to the removal of legitimate parodies, satire, or commentary.
- Compliance Costs for Online Platforms: Implementing the notice-and-takedown system and monitoring user-generated content could be expensive for online services.
- Complexity and Legal Uncertainty: The Act creates new legal concepts and procedures, which could lead to litigation and uncertainty.
- Impact on Free Speech: Restrictions on the use of digital replicas could potentially infringe on First Amendment rights.
- Enforcement Challenges: Detecting and removing unauthorized digital replicas at scale could be technically challenging.
Most Disadvantaged Areas:
Constitutional Alignment
The Act's alignment with the Constitution is complex. While it aims to protect individual property rights, it also raises concerns about freedom of speech under the First Amendment. The balance between protecting intellectual property and ensuring free expression will be a key consideration. The Act's preemption of state laws may also raise federalism concerns, although Congress has broad authority to regulate interstate commerce under Article I, Section 8.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).