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US SB1367
Bill
AI Summary
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Establishes federal intellectual property rights for individuals to control the use of their voice and visual likeness in AI-generated "digital replicas," defined as computer-generated representations where the person did not actually perform or appear
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Creates a property right that cannot be assigned during the individual's lifetime but can be licensed for up to 10 years (5 years for minors), with written agreements required specifying intended uses
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Post-death rights last 10 years initially, renewable in 5-year periods up to 70 years total if right holders demonstrate active public use and register with the Copyright Office
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Holds liable anyone who publicly distributes unauthorized digital replicas or products/services designed primarily to create them, with statutory damages ranging from $5,000 to $750,000 depending on the violator type and good faith compliance efforts
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Exempts digital replicas used in bona fide news, documentaries, commentary, criticism, satire, parody, or fleeting/negligible uses, but provides no exemption for sexually explicit deepfakes regardless of disclaimers
Legislative Description
NO FAKES Act of 2025 Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025
Commerce
Last Action
Read twice and referred to the Committee on the Judiciary.
4/9/2025