The NO FAKES Act of 2025, or the "Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025," creates a new federal intellectual property right for individuals to control their voice and visual likeness when used in "digital replicas." A digital replica is defined as a computer-generated, highly realistic electronic representation of an individual's voice or visual likeness where the individual did not perform or appear, or where their performance was materially altered.

This new right is a property right that is licensable during an individual's lifetime and does not expire upon death. After an individual's passing, the right is transferable and licensable by heirs, remaining exclusive to the right holder for 10 years, with potential 5-year renewals based on active public use, up to a maximum of 70 years post-mortem. Licenses for living individuals are limited to 10 years, or 5 years for minors, requiring written agreements and specific use descriptions.

The bill establishes liability for individuals or entities that publicly display, distribute, or transmit unauthorized digital replicas, or products/services primarily designed to create them. Liability for online service providers requires notification of the unauthorized content, while other entities must have actual knowledge. However, certain uses are excluded from liability, such as bona fide news, public affairs, documentaries, commentary, criticism, scholarship, satire, or parody, unless they depict sexually explicit conduct.

Online service providers can qualify for safe harbors if they implement repeat violator policies and expeditiously remove or disable access to infringing material upon receiving a valid notification. These providers must also register a designated agent with the Copyright Office to receive such notifications. The Act outlines specific requirements for these notifications and imposes penalties for knowingly making false or deceptive claims.

Eligible plaintiffs, including right holders or their representatives, can bring civil actions for violations, with a three-year statute of limitations. The bill explicitly states that disclaimers about AI generation or unauthorized use are not a defense. Remedies include significant statutory damages ranging from $5,000 to $750,000 per violation, actual damages, injunctive relief, and punitive damages for willful misconduct, along with attorney's fees for the prevailing party.

The Act preempts certain state laws concerning digital replicas in expressive works but preserves existing state causes of action for digital replicas, sexually explicit or election-related digital replicas, and products capable of producing them. It clarifies that it is an intellectual property law and does not impose a duty on online services to proactively monitor for digital replicas. The provisions apply to conduct and licenses occurring after the Act's enactment, with the digital replication right applying to individuals living or deceased before its effective date.