The NO FAKES Act is a federal bill that would, for the first time, give every person a nationwide property right in their own voice and face, enforceable against unauthorized AI-generated “digital replicas.” It cleared the Senate Judiciary Committee unanimously in June 2026 and is now awaiting a full Senate vote. If your voice, face, or personal brand plays any role in how you do business, this one is worth understanding before it becomes law.
What Problem Is the NO FAKES Act Trying to Solve?
AI tools can now clone a voice from a few seconds of audio and generate convincing video of a person saying things they never said. Until now, the law protecting you from that has been a patchwork: state right-of-publicity laws that vary wildly, trademark claims that only fit certain facts, and contract terms that only bind the people who signed them. A fake ad featuring “you” endorsing a product you’ve never touched might be actionable in one state and a gray area in the next.
That patchwork is why artists have been getting creative. The Backstreet Boys recently filed to trademark the sound of their own voices, joining Taylor Swift and Lionel Richie in using sensory trademarks as a workaround to fight AI voice clones. It’s a clever strategy, but the fact that it’s necessary tells you the law has a gap. The NO FAKES Act is Congress’s attempt to close it.
What Would the NO FAKES Act Actually Do?
The bill creates a federal intellectual property right in your voice and visual likeness. A few features stand out:
- It covers everyone, not just celebrities. You don’t need to be famous to have a protectable voice and face. A business owner whose likeness appears in marketing, a podcaster, a YouTuber, a real estate agent whose face is on every listing — all covered.
- It targets “digital replicas.” The right applies to highly realistic, computer-generated versions of your voice or likeness used without authorization. Impressions and lookalikes done by actual humans are a different question.
- It’s licensable. This is a property right you can grant to others in writing, which means it’s also something that will start showing up in contracts: talent agreements, influencer deals, employment agreements, and AI platform terms of service.
- It includes a takedown system. Modeled on the DMCA process copyright owners already use, you could send a notice requiring platforms to promptly remove an unauthorized replica. Platforms that knowingly host unauthorized replicas face liability.
- It has speech carve-outs. News reporting, parody, criticism, and commentary are excluded, along with non-commercial research by libraries and educational institutions. The bill is aimed at impersonation and unauthorized commercial exploitation, not satire.
Does It Replace State Laws Like Tennessee’s ELVIS Act?
No. Existing state protections, including Tennessee’s ELVIS Act, remain in place. The bill would preempt future state laws in this space, which is the point: one predictable federal standard going forward instead of fifty different ones. Until it passes, though, your protection still depends heavily on which state you’re in, which is one more reason contract language matters so much right now.
What Should Business Owners and Creators Do Now?
You don’t have to wait for the Senate to act. There are four moves worth making today:
- Put voice and likeness language in your contracts. Every agreement where someone records, films, or works with you should say what can be done with your voice and image, and specifically whether AI training, cloning, or replication is permitted. Silence is where problems start.
- Read the terms before you upload. Some AI tools and platforms take broad licenses to content you feed them. Know what you’re granting before your voice becomes training data.
- Register the rights that exist today. Trademarks on your name and brand, and copyrights on your content, give you enforcement tools right now, including platform takedown programs that don’t require waiting for new legislation.
- Monitor and document. If a fake version of you or your spokesperson surfaces, screenshot it, save the URL, and note the date. Whatever legal theory you end up using, evidence wins cases.
Frequently Asked Questions
Is the NO FAKES Act law yet?
Not yet. It passed the Senate Judiciary Committee unanimously in June 2026 and awaits a full Senate vote, with a companion bill in the House. Broad bipartisan and industry support gives it a real chance, but bills die on the calendar all the time.
Does it only protect celebrities?
No. The bill covers every individual, famous or not. If AI can clone your voice or face, you’d have a federal right against unauthorized replicas.
What can I do about an AI clone of my voice right now?
Depending on your state and the facts: right-of-publicity claims, trademark and unfair-competition claims, and platform impersonation policies. Several platforms already remove AI impersonations flagged under their trademark and identity rules, which is one reason registered rights are so useful.
Can I license my voice or likeness for AI use?
Under the bill, yes, and it’s structured as a licensable property right, with written authorizations. That’s an opportunity as much as a risk: your likeness becomes an asset you can monetize on your terms.
The Bottom Line
Your face and your voice are becoming intellectual property in the most literal sense. Whether the NO FAKES Act passes this session or next, the direction is clear: personal identity is getting property-style protection, and the businesses and creators who prepare their contracts and registrations now will be the ones positioned to use it.
Want to make sure your name, voice, and likeness are protected before someone else’s AI gets to them? Call us today at (888) 666-0062 or click here to schedule your initial Discovery and Strategy Session online. Let’s make sure you own you.
DISCLAIMER: The information contained in this article is for informational purposes only and is not legal advice or a substitute for obtaining legal advice from an attorney.