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Home/Regulation Tracker/NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe Act, S. 1367)

NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe Act, S. 1367)

The leading federal proposal for a digital-replica right against AI voice and likeness cloning, backed by the entertainment industry and some AI companies, pending in the 119th Congress.

no fakes actdigital replicasvoice cloningbill

At a glance

Acronym: NO FAKES Act
Country or region: United States
Extraterritorial reach: Yes
Current status: In legislative process
Legally binding: Legally binding
Instrument: Bill or draft legislation
Official text: Read the official text

All details 15

Applies to: Industry: Media and entertainment, Technology, Consumer apps and social media
Applies to: Type of AI: Voice cloning and speech synthesis, Synthetic media and deepfake generation, Generative AI services
Who must comply: AI developers and providers, Platforms and intermediaries, Individuals and the public
Proposed: 31 Jul 2024
Effective: 9 Apr 2025
Enforced by: Would be federal courts through private actions
Penalty type: Civil liability, Injunction or order
Penalties: Proposed statutory damages of $5,000 per violation for individuals and $25,000 for services, or actual damages, plus injunctions.

Required actions

Would create a federal right to control digital replicas of one's voice and likeness, transferable and lasting 70 years after death - Would impose notice-and-takedown duties on platforms and liability on providers of tools designed primarily for unauthorised replicas

Sources

congress.govhttps://www.congress.gov/bill/119th-congress/senate-bill/1367

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NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe Act, S. 1367)

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