119th Congress Commerce
S. 4591: NO FAKES Act of 2026
Reported
- Introduced (completed)
- Passed Senate (not reached)
- Passed House (not reached)
- To the President (not reached)
- Became law (not reached)
Summary
This bill creates a federal intellectual property right to protect individuals from unauthorized digital replicas (e.g., digital content made using generative artificial intelligence) of their voice and visual likeness.
Specifically, the bill gives each individual or right holder the right to authorize (1) the use of a digital replica embodying the individual's voice or visual likeness, or (2) the use of the individual's voice or visual likeness for a product or service requiring authorization to avoid liability under the bill. This property right is not assignable during the individual’s lifetime but is licensable and does not expire upon the death of the individual.
Generally, any individual or entity that engages in specified prohibited activities (e.g., distributing a digital replica without authorization) shall be liable in a civil action and subject to related penalties. The bill exempts specified uses from liability, such as categories of conduct likely to involve protected speech under the First Amendment (e.g., news reporting, sports broadcasts, and satire).
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The bill establishes (1) a notice-and-takedown process for unauthorized digital replicas; and (2) a counter-notification process, which allows an individual to contest the removal of a digital replica. The bill establishes penalties related to false or deceptive notice or counter-notice.
The bill expressly preempts state laws related to digital replicas except for causes of action under state statutes or common law in existence as of January 2, 2025.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Marsha Blackburn R-TNOriginal
- Katie Britt R-ALOriginal
- Bill Cassidy R-LAOriginal
- Richard Durbin D-ILOriginal
- Bill Hagerty R-TNOriginal
- Mazie Hirono D-HIOriginal
- Amy Klobuchar D-MNOriginal
- James Lankford R-OKOriginal
- Ashley Moody R-FLOriginal
- Adam Schiff D-CAOriginal
- Elissa Slotkin D-MIOriginal
- Thom Tillis R-NCOriginal
- Peter Welch D-VTOriginal
- Richard Blumenthal D-CT
- Rick Scott R-FL
Who scored on this bill
- 1Christopher Coons SponsorDrew cross-party cosponsors, introduced, reported3 events+26
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Introductions and cosponsorships count toward weekly caps and show no points.
Other bills by Christopher Coons
- S. 4392: Energy Security Pacts Act
- S. 2546: To provide for an extension of the legislative authority of the National Emergency Medical Services Memorial Foundation to establish a commemorative work in the District of Columbia and its environs
- S. 3424: Bankruptcy Administration Improvement Act of 2025
- S. 1659: Bankruptcy Administration Improvement Act of 2025
- S. 1463: Finding ORE Act
- S. 1731: COUNTER Act of 2025
History
- Introduced in the Senate by Christopher Coons.
Show the full action history (5 actions)
- Committee on the Judiciary. Reported by Senator Grassley with an amendment in the nature of a substitute. Without written report.
- Placed on Senate Legislative Calendar under General Orders. Calendar No. 446.
- Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- Introduced in Senate
- Read twice and referred to the Committee on the Judiciary.