On the heels of the Senate introduction of a companion bill in late July 2024, U.S. Representatives María Elvira Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Joe Morelle (D-NY), Rob Wittman (R-VA) and Adam Schiff (D-CA) reintroduced the bipartisan ‘‘Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024’’ (NO FAKES Act) in the House of Representatives in April 2025. This time it’s returning with key updates and strong support from major players in both entertainment and tech. This bill is designed to balance the need to protect individuals and creators with First Amendment considerations, while fostering U.S. leadership and innovation in AI.
Right now, there is no federal law that clearly protects someone’s image or voice from being used without their consent. A handful of states such as New York and California have their own laws and rules, but they vary, making enforcement confusing and inconsistent. The NO FAKES Act would create the first nationwide right of publicity. That means that all individuals would have federal protection against the unauthorized use of their voice or likeness in AI-generated content. It is a big step forward, especially for artists, performers, and online content creators who make a living and benefit commercially from their content.
After the initial introduction of the NO FAKES Act last year, lawmakers made several changes to improve it based on public feedback; among other things, the Act now makes it clear that an individual or entity can only be held liable if they knowingly use a person’s likeness or voice without permission. It also allows safe harbor protections for online platforms, while further supporting free speech so that content like news, documentaries, parodies, and commentary are protected from liability.
One of the biggest signs the NO FAKES Act is gaining traction is the list of major backers such as Google, YouTube, SAG-AFTRA, the Recording Academy, and the RIAA who have all publicly endorsed the updated legislation. The reintroduction of the NO FAKES Act also emphasizes that lawmakers are paying attention to both the promises and the pitfalls of AI. If passed, the NO FAKES Act could give artists, performers, and online content creators, as well as the general public, real tools to protect their identity and content in the rapidly evolving AI landscape.
If you want more details about the NO FAKES Act or need assistance in the area of AI and/or the unauthorized use of your name, image, and/or likeness, please contact our attorneys here.
