NO FAKES Act of 2024

This bill creates a federal property right for individuals to control the use of their voice and visual likeness in digital replicas (highly realistic computer-generated representations), establishes liability for unauthorized production or distribution of such replicas, provides safe harbors for online services, and sets rules for licensing, post-mortem rights, and civil remedies.

Sec. 2, Voice and visual likeness rights: Defines a digital replica as a newly-created, computer-generated, highly realistic electronic representation readily identifiable as an individual's voice or visual likeness, excluding authorized reproductions, samples, remixes, or digital remastering. The right is a property right, not assignable during life but licensable in writing for up to 10 years (5 years for minors, terminating at age 18). After death, the right lasts 10 years, renewable for 5-year periods if the right holder shows active authorized public use, up to 70 years total. Post-mortem transfers must be in writing, and renewal requires filing a notice with the Register of Copyrights.

Sec. 2, Liability: Any person who, affecting interstate commerce, produces or publishes a digital replica without consent is liable, but only if they have actual knowledge or willfully avoid knowing it is unauthorized. Exclusions include use in news, documentaries, commentary, satire, parody, or fleeting use, but not for sexually explicit conduct.

Sec. 2, Safe harbors: Online services are not liable for linking to or hosting unauthorized digital replicas if they promptly remove or disable access upon receiving a proper notification. Services must designate an agent and provide contact information. False or deceptive notices are punishable by at least $5,000 in damages.

Sec. 2, Civil action: Eligible plaintiffs include right holders, parents of minors, licensees, and certain exclusive contractors of sound recording artists. Lawsuits must be filed within 3 years of discovery. Disclaimers are not a defense. Damages range from $5,000 to $25,000 per violation or work, plus actual damages and profits, with punitive damages for willful conduct. Attorney's fees are awarded to prevailing plaintiffs or to defendants if the action was not brought in good faith. Online services with an objectively reasonable belief that material is not a digital replica face a $1,000,000 cap on statutory damages.

Sec. 2, Preemption: This Act preempts state law causes of action for voice and likeness rights in digital replicas in expressive works, but does not preempt state laws existing as of January 2, 2025, state laws on sexually explicit or election-related digital replicas, or state laws on products capable of producing digital replicas.

Sec. 2, Rule of construction: This section is considered a law pertaining to intellectual property for purposes of Section 230 of the Communications Act.

Sec. 2, Severability: If any provision is held invalid, the rest remains valid.

Sec. 2, Retroactive effect: Liability applies only to conduct occurring after the enactment date.