Congress has reintroduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act— a bipartisan bill designed to establish a federal framework to protect individuals’ right of publicity. As previously reported, the NO FAKES Act was introduced in 2024 to create a private right of action addressing the rise of unauthorized deepfakes and digital replicas—especially those misusing voice and likeness without consent. While the original bill failed to gain traction in a crowded legislative calendar, growing concerns over generative AI misuse and newfound support from key tech and entertainment stakeholders have revitalized the bill’s momentum.

What’s New in the Expanded Bill?

The revised bill reflects months of industry negotiations. Key updates include:

If enacted, the NO FAKES Act would establish nationwide protections for artists, public figures, and private individuals against unauthorized use of their likenesses or voices in deepfakes and other synthetic media. Notably, the revised bill has garnered broad consensus among stakeholders, including the major record labels, SAG-AFTRA, Google, and OpenAI.

While the bill seeks to create clearer legal boundaries in an era of rapidly evolving technology, stakeholders remain engaged in ongoing discussions about how best to balance the protection of individual rights with the imperative to foster technological innovation and safeguard First Amendment-protected expression. As the legislative process unfolds, debate will likely center on whether the bill’s framework can effectively address the complex legal and operational challenges posed by generative AI, while offering enforceable and practical guidance to the platforms that host and disseminate such content.

Importantly, the NO FAKES Act aims to resolve the challenges posed by the current patchwork of state right of publicity laws, which vary widely in scope and enforcement. This fragmented approach has often proven inefficient and ineffective in addressing inherently borderless digital issues like deepfakes and synthetic content. By establishing a consistent federal standard, the NO FAKES Act could provide greater legal clarity, streamline compliance for online platforms, and enhance protections for individuals across jurisdictions.

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