A Federal Right to Your Own Face and Voice: The NO FAKES Act

Generative AI has made it trivial to clone a voice or a face. The law is scrambling to catch up, and the leading federal response is moving.

On June 18, 2026, the Senate Judiciary Committee unanimously advanced the NO FAKES Act of 2026 (S. 4591) and sent it to the full Senate. A revised version had been introduced weeks earlier with bipartisan backing. It is not law yet, and it may still change, but it is closer than any prior effort.

What it would do. The bill creates a federal intellectual property right in an individual’s voice and visual likeness, letting a person authorize, or refuse, the creation and distribution of AI-generated “digital replicas.” Crucially, the right would not die with the person. It would be transferable and licensable by heirs and executors and would survive for a capped period after death, reported at up to 70 years. That single feature reshapes estate planning for anyone whose likeness carries commercial value, from performers to executives to the family of a deceased public figure.

Why it matters before it passes. First, the current system is a patchwork. Right of publicity is state law, strong in some states and thin or nonexistent in others, and copyright does not protect a person’s face, voice, or mannerisms, only fixed works. That gap is exactly what the bill targets, and it is why some talent has turned to trademark law, registering distinctive elements of a persona as marks. A federal likeness right would consolidate a chaotic field.

Second, the compliance obligations would be real. The bill contemplates notice-and-takedown mechanics for platforms, similar in spirit to copyright’s process, with carve-outs for news, commentary, and parody. Businesses that create, host, or advertise with synthetic media should be mapping their exposure now, not after enactment.

Third, contracts are already changing. Talent agreements, endorsement deals, and vendor contracts increasingly need explicit consent, scope, and compensation terms for digital replicas. Waiting for the statute to set the default is the expensive path.

What to do now. If you license a likeness, or your business depends on one, treat digital-replica rights as a distinct asset: address them expressly in contracts, in estate plans, and in any sale of a persona-driven business. If you build or distribute AI media, inventory where synthetic voices and faces appear, confirm you have consent, and stand up a takedown process before you are legally required to.

The politics here are unusually aligned. Industry, labor, and creators have all backed some version of the bill, and public concern about deepfakes is broad. That does not guarantee passage, but the direction of travel is clear: a person’s face and voice are becoming property you can license, inherit, and sue over. Plan accordingly.

Legal note: This article provides general information and is not legal advice.