The NO FAKES Act just crossed a major Senate hurdle, and that matters now for publishers, songwriters, artists, and rights holders confronting AI voice cloning and deepfakes. The bill, which would create a new federal ban on unauthorized digital replicas of a person’s voice or visual likeness, was approved by the Senate Judiciary Committee and now heads to the full Senate.
A federal answer to a patchwork problem
The legislation, short for Nurture Originals, Foster Art, and Keep Entertainment Safe, is aimed at the rapid spread of fake videos and voice cloning. The source says AI has made it easier to mimic voices and likenesses, while current protections are scattered across state publicity laws and federal copyright and trademark law that do not fully cover a person’s identity.
NO FAKES would allow individuals to sue people who post unauthorized digital replicas, as well as technology companies that enable their creation. The bill would also create safe harbors for online platforms if they quickly remove the content, while requiring them to stop the same material from being re-uploaded.
Broad support, but no clean path
The bill has drawn support from major music companies, movie studios, tech giants, entertainment unions, the Recording Industry Association of America, the Recording Academy, the National Music Publishers Association, Spotify, the Motion Picture Association, SAG-AFTRA, and AFL-CIO. Sean Astin, president of SAG-AFTRA, said, “Unchecked AI can ruin lives,” and added that Americans want the federal government to take sensible action.
But the measure has also faced criticism from digital rights groups including Public Knowledge and the Electronic Frontier Foundation, which have raised free speech concerns. The source says opponents worry about frivolous takedowns, lawsuits against legal content, and platforms removing legitimate material too quickly.
What the bill would change for creators
If enacted, NO FAKES would create a new property right in a person’s likeness that would extend beyond death and could be controlled by heirs for decades. That right could also be licensed, though the bill would cap such licenses at 10 years.
The proposal has already gone through three iterations, and lawmakers have added carve-outs for news coverage, biopics, and criticism, along with stronger rules for restoring online content and punishing bad-faith removals.
What to watch next is the full Senate vote and whether the broad coalition behind the bill can keep momentum as free speech critics continue to push back.
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