The NO FAKES Act or the Nurture Originals, Foster Art, and Keep Entertainment Safe Act, is proposed United States federal legislation concerning digital replicas. The bill was first introduced in 2023 as a discussion draft, formally introduced in 2024, and reintroduced in 2025. If enacted, the bill would establish a federal right of publicity, giving public figures and private individuals greater control over the creation and use of digital replicas of their likenesses, including artificial intelligence (AI)-generated content. If passed, the NO FAKES Act would create a legal framework for licensing digital replicas, including provisions for liability, safe harbors, and statutory exceptions. The proposal has received broad support from the entertainment and technology industries. However, digital rights organizations have raised concerns that the Act risks chilling protected speech.
Background
Entertainment industry concerns Actors’ concerns over studios' use of their digital likeness were one of the primary drivers of the Screen Actors Guild–American Federation of Television and Radio Artists (SAG-AFTRA) strike in 2023. Negotiators for SAG-AFTRA alleged that the Alliance of Motion Picture and Television Producers (AMPTP) sought to use the digital likenesses of actors in perpetuity and would try to replace union members, especially background actors. The AMPTP denied SAG-AFTRA's interpretation of its proposal. In November 2023, AMPTP and SAG-AFTRA reached an agreement on the use of actors’ digital replicas, which included requirements for consent and compensation. Recording labels have also expressed concerns over unauthorized digital replicas of their performers' likeness. In 2023, TikTok user Ghostwriter977 released "Heart on My Sleeve," an AI-produced song in the styles of Drake and the Weeknd. After the song received millions of streams, the Universal Music Group (UMG) initiated takedown requests to TikTok and YouTube, which removed the song from their platforms. The legal arguments attorneys made were not disclosed; however, commentators noted that they likely used the Digital Millennium Copyright Act (DMCA). This presented a novel scenario, since UMG did not have licensing rights to "Heart on My Sleeve." According to The Verge, UMG based its DMCA takedown request on an unauthorized sample used at the start of the song for the producer tag. While legal commentators noted that UMG could have asserted a violation of the artists’ rights of publicity, existing state right of publicity laws do not provide notice-and-takedown mechanisms comparable to those under the DMCA.
Legal landscape Legal scholars have observed that AI-generated digital replicas raise questions under existing copyright and intellectual property law. U.S. copyright law generally requires that original authorship be attributable to a human; however, the extent of human intervention needed to satisfy this requirement is not clear. Copyright holders have filed lawsuits against AI companies alleging unauthorized usage of copyrighted material to train their models, though many of these cases remain pending. In terms of outputs, record labels often hold rights to artists’ musical works but do not necessarily control the artists’ voice, appearance, or likeness in the same way. As a result, AI-generated recordings such as "Heart on My Sleeve" may fall outside the scope of certain traditional copyright protections. Individuals' likenesses have historically been governed under the Lanham Act, the Federal Trade Commission Act, and right of publicity laws. The right of publicity, recognized in many state-level statutes and common law, allows individuals to bring legal claims against unauthorized commercial use of their identities. It has often, but not exclusively, been applied to celebrities or other recognizable individuals. There is no federal-level right to publicity, and state-level protections vary, especially on issues relating to digital replicas and posthumous rights, which makes it difficult for creators or other individuals to prevent unauthorized use of their likenesses. In July 2024, the U.S. Copyright Office released a report on digital replicas and recommended that Congress create a federal law to protect individuals from unauthorized uses of their digital replicas, noting the inadequacy, narrowness, and inconsistency of existing laws.
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