NO FAKES Act of 2025

The NO FAKES Act of 2025 establishes legal rights for individuals to control how their voice and visual likeness are used in digital replicas, which are defined as highly realistic computer-generated representations readily identifiable as a specific person. The bill requires authorization from the individual or their designated right holder before using their likeness in digital replicas, with specific rules for minors (limiting licenses to 5 years) and post-mortem rights (allowing 10 years of protection with possible 5-year renewals). It creates civil liability for unauthorized use of digital replicas or for distributing products/services designed to create such replicas without authorization, with penalties ranging from $5,000 to $750,000 per violation depending on the entity involved. Online services are provided safe harbor protections if they follow procedures for handling takedown notices and have designated agents for copyright issues, while also including exemptions for news, commentary, criticism, and historical uses. The law preempts most state laws regarding digital likeness rights but has exceptions for certain historical uses, news, and sexually explicit content.