The NO FAKES Act of 2024 creates a new federal right for individuals to control the use of their voice and likeness in artificially generated digital replicas. The law applies to computer-generated representations of a person's voice or appearance in sound recordings, images, videos, or other media that the person did not actually perform in or that materially alter their original performance. During a person's lifetime, they can license these rights for up to ten years through written agreements that specify how the digital replica will be used, with shorter five-year limits for minors requiring court approval. After death, the rights pass to heirs and estates and remain protected for ten years, renewable in five-year increments if the person's likeness continues to be used publicly, up to a maximum of seventy years after death. The law prohibits creating or distributing unauthorized digital replicas and allows injured parties to sue for damages ranging from five thousand dollars per violation for online services to twenty-five thousand dollars for other entities, plus actual damages and potentially punitive damages for willful violations. The law includes exceptions for news, documentaries, satire, parody, and other First Amendment-protected speech, but these exceptions do not apply to sexually explicit digital replicas. The law takes effect 180 days after enactment.
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