The NO FAKES Act, Explained for Brands & Creators
The NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe) is proposed U.S. federal legislation that would create a nationwide property right in a person's voice and visual likeness — and make it unlawful to produce or distribute an unauthorized AI-generated replica of someone without their consent. It has drawn bipartisan support and backing from both the recording industry and performers' unions, and continued advancing through 2026.
Today, protection against unauthorized AI likenesses comes from a patchwork of state right-of-publicity laws (and newer AI-specific statutes like Tennessee's ELVIS Act). The NO FAKES Act would set a clearer federal floor: a digital replica used commercially generally needs the depicted person's permission, and platforms get a notice-and-takedown framework for non-consensual replicas.
For a brand, the takeaway is simple and doesn't depend on the bill's final form: the safe path for any AI ad featuring a recognizable person is documented consent and a license. That's exactly how Unreal operates — every campaign is built on a real person's approved, licensed likeness, so you're aligned with where the law is clearly heading. (This is general information, not legal advice.)
- A proposed federal right covering a person's voice and visual likeness.
- Targets unauthorized AI replicas — consent becomes the safe harbor.
- Adds a platform notice-and-takedown path for non-consensual replicas.
- Licensed, consented talent campaigns are built for exactly this standard.
- Is the NO FAKES Act law yet?
- As of 2026 it is proposed federal legislation that has been advancing with bipartisan and industry support, not yet enacted. Either way, its core principle — consent before commercial use of a likeness — already reflects existing state right-of-publicity law.
- How does it affect a brand running AI ads?
- It reinforces that using a recognizable person's AI likeness commercially requires their permission. Brands that license real, consenting talent up-front are positioned safely; those using unauthorized replicas face rising legal exposure.
- Does licensing talent through Unreal address this?
- Yes — our model is consent-first: the talent agrees, signs a scoped license, and approves the creative before it runs, which is the documented permission the law points toward. This is general information, not legal advice.
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