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S. 4591119th CongressCommerce
NO FAKES Act of 2026
Sponsored by Sen. Christopher A. Coons (D-DE) · 15 active : 8 Republicans, 7 Democrats
Latest action: Placed on Senate Legislative Calendar under General Orders. Calendar No. 446.
Where it standsBefore the Senate8 senators score as swing votes
Hasn’t passed either chamber
- Senate: next
- House: not yet
- President: not yet
Summary
, via Congress.govNurture Originals, Foster Art, and Keep Entertainment Safe Act of 2026 or the NO FAKES Act of 2026
This bill creates a federal intellectual property right to protect individuals from unauthorized digital replicas (e.g., digital content made using generative artificial intelligence) of their voice and visual likeness.
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Specifically, the bill gives each individual or right holder the right to authorize (1) the use of a digital replica embodying the individual's voice or visual likeness, or (2) the use of the individual's voice or visual likeness for a product or service requiring authorization to avoid liability under the bill. This property right is not assignable during the individual’s lifetime but is licensable and does not expire upon the death of the individual.
Generally, any individual or entity that engages in specified prohibited activities (e.g., distributing a digital replica without authorization) shall be liable in a civil action and subject to related penalties. The bill exempts specified uses from liability, such as categories of conduct likely to involve protected speech under the First Amendment (e.g., news reporting, sports broadcasts, and satire).
The bill establishes (1) a notice-and-takedown process for unauthorized digital replicas; and (2) a counter-notification process, which allows an individual to contest the removal of a digital replica. The bill establishes penalties related to false or deceptive notice or counter-notice.
The bill expressly preempts state laws related to digital replicas except for causes of action under state statutes or common law in existence as of January 2, 2025.
Committees and subjects
Committees
- Senate Committee on the Judiciary · SenateReported by · Markup by · Referred to
Subjects
- Administrative law and regulatory procedures
- Administrative remedies
- Art, artists, authorship
- Civil actions and liability
- Computers and information technology
- Department of Commerce
- Digital media
- Federal preemption
- Intellectual property
- Internet, web applications, social media
- Music
- Photography and imaging
Show all 13 subjects
- Sound recording
Model
Directional: count only breaks toward the other partyWhy do scores change?v3default (selected)v2 model swing-v2
How the Senate breaks down
- 8Swing 70–100
- 56Middle 30–70
- 36Entrenched 0–30
Members fall into . All 100 senators have enough data to score.
Key players in the Senate
Ranked by swing score, 0–100 · swing-v3, directional: only movement toward the other party counts, so members who sit further from the center than their party no longer score as swing votes.
Bars show each input from 0 to 100: ideology gap, scorecard gap, , and the . is the seat’s partisan lean, and shows how much of the input data a score has.
Similar past votes, Senate
Earlier behind swing-v3’s inputLoading similar votes
Cosponsors
15 activeShow all 15 cosponsors
- Adam B. Schiff (D-CA)
- Amy Klobuchar (D-MN)
- Ashley Moody (R-FL)
- Bill Cassidy (R-LA)
- Bill Hagerty (R-TN)
- Elissa Slotkin (D-MI)
- James Lankford (R-OK)
- Katie Boyd Britt (R-AL)
- Marsha Blackburn (R-TN)
- Mazie K. Hirono (D-HI)
- Peter Welch (D-VT)
- Richard J. Durbin (D-IL)
- Thomas Tillis (R-NC)
- Richard Blumenthal (D-CT)
- Rick Scott (R-FL)
How the swing score works
Ideology gapHow far a member’s DW-NOMINATE voting score sits from their party’s median in the same chamber.
Scorecard gapHow far their Heritage Action and LCV ratings stray from their party’s average, using the groups’ votes on similar bills where available.
Cross-pressureHow strongly their district or state leans toward the other party, from our own computed partisan lean.
Similar votesHow often they voted against their own party on earlier roll calls about this bill or similar ones.
Committee bonusMembers of the committees handling the bill decide whether it moves, so they get a boost.
Cosponsor checkThe sponsor and active cosponsors have already committed, so they drop toward entrenched.
