The NO FAKES Act of 2024 creates new federal protections for people's voices and likenesses in artificially created digital content. The law gives individuals and their heirs the right to control whether their voice or visual likeness can be used to create realistic digital replicas, such as deepfake videos or AI-generated audio. During a person's lifetime, licenses to use their digital replica cannot exceed ten years and must be in writing, while minors' licenses cap at five years and require court approval. After death, these rights transfer to heirs and remain protected for ten years, renewable for additional five-year periods as long as the replicas are actively used, with protections lasting up to seventy years total. The legislation establishes liability for anyone creating or sharing unauthorized digital replicas and includes damages ranging from five thousand dollars to twenty-five thousand dollars per violation, plus actual damages and attorney's fees. The law provides limited safe harbors for online services that promptly remove infringing content upon notification and carves out exceptions for news, documentary, and satire uses, though not for sexually explicit deepfakes. The law takes effect 180 days after enactment and applies to contracts and conduct after that date, while protecting rights for all individuals including those who died before the law passed.
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