Senate Judiciary Moves NO FAKES Act One Step Closer to Passage

The full Senate Judiciary Committee on Thursday unanimously advanced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026” (NO FAKES Act), which would create a federal IP right to an individual’s voice and likeness.

The bill is sponsored by a slew of bipartisan senators, including: Chris Coons (D-DE), Marsha Blackburn Amy Klobuchar (D-CA), Thom Tillis (R-NC), Dick Durbin (D-IL), Katie Britt (R-AL), Mazie Hirono (D-HI), Ashley Brooke Moody (R-FL),  Peter Welch (D-VT), Bill Cassidy (R-LA), Adam Schiff (D-CA), William Hagerty (R-TN), Elissa Slotkin (D-MI), and James Lankford (R-OK).

The Judiciary Committee unanimously voted to report the bill to the full Senate today. Senator Coons said in his remarks on the bill that with the capabilities of current and future AI technology, a personal right to control one’s voice and likeness is imperative.

The bill would grant the “right to authorize the use of the voice or visual likeness of the individual” in digital replicas or other product or service, and would not be assignable during the life of the right holder but is licensable. Upon the death of the individual, the right is transferable or licensable and would terminate no longer than 70 years after the death of the right holder.

The latest version includes several revisions, such as a “counter-notification” procedure to challenge notifications of violations, and additional exclusions for libraries and research institutions.

The bill also includes a provision titled “No Duty to Monitor,” which provides that “except as expressly provided in subsection (d)(1)(B)(ii), nothing in this section may be construed to require the provider of an online service to—monitor the online service for, or affirmatively seek facts about, any digital replica; or gain access to material.”

Subsection (d)(1)(B)(ii) says that the provider of an online service, once properly notified,  must remove or disable “access to the work embodying the claimed unauthorized digital replica or the product or service specifically identified in a notice sent under that paragraph, or, as applicable, the link or reference to the unauthorized digital replica or product or service, as soon as is technically and practically feasible for that provider.”

The advancement of the bill was welcomed by the Recording Industry Association of America (RIAA), which issued a statement by Chairman & CEO Mitch Glazier saying the RIAA looks forward to it passing this year. Glazier said:

“An extraordinary cross-sector coalition including the creative community, child safety groups, free market groups, labor unions, free speech advocates, and AI developers have come together to support these protections for Americans’ voice and likeness from exploitive digital deepfakes, and consumers agree: 92% worry about the impact of AI deepfakes on authenticity, society and culture. The NO FAKES Act answers the call.”

Representatives Maria Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Becca Balint (D-VT) and Laurel Lee (R-FL) are supporting the bill in the House.