Co-authored with Joshua Love.

The proposed No Fakes Act, introduced last week, aims to protect individuals' image, voice, and likeness from unauthorized digital replicas. This federal legislation addresses concerns over deepfake technology and seeks to create uniform protections across the U.S., as current state laws vary widely. It would establish these rights as intellectual property, granting exclusive control over digital replicas.

Key aspects of the bill include non-assignable rights, meaning individuals cannot permanently transfer these rights during their lifetime. The bill also outlines specific rules for licensing, such as a maximum duration of ten years for adults and five for minors. Notably, the legislation provides for post-mortem rights, allowing heirs to control the use of a deceased person's likeness for up to 70 years, provided there's active use.

The entertainment industry has welcomed the bill, especially the music sector, which views it as a crucial measure against misuse of artists' digital likenesses. However, the No Fakes Act's pre-emption of state laws has sparked debate, particularly in light of the Copyright Office's recommendations for federal legislation that allows states to provide additional protections.

As the legislative process unfolds, the No Fakes Act could set a global precedent for digital rights protection. The bill's progress will be closely watched by stakeholders in entertainment, law, and digital rights, highlighting the need for ongoing legal innovation to keep up with rapid technological changes.

Read our review of the key legal provisions and our initial observations.