Sens Blackburn, Coons, Salazar, Dean, Colleagues Introduce Revised Version of NO FAKES Act

Sens Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC), and Amy Klobuchar (D-MN), along with Reps Maria Salazar (R-FL) and Madeleine Dean (D-PA), introduced a revised version of their bipartisan Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act to protect the voice and visual likenesses of individuals and creators from the proliferation of digital replicas created without their consent. The NO FAKES Act would address the use of non-consensual digital replications in audiovisual works or sound recordings by:

• Holding individuals or companies liable if they distribute an unauthorized digital replica of an individual’s voice or visual likeness;
• Holding platforms liable for hosting an unauthorized digital replica if the platform has knowledge of the fact that the replica was not authorized by the individual depicted;
• Excluding certain digital replicas from coverage based on recognized First Amendment protections; and
• Preempting future state laws regulating digital replicas.