H.R. 2794 — NO FAKES Act of 2025

This section establishes a property right for individuals and right holders to exclusively authorize the use of an individual's voice or visual likeness (1) in a digital replica (i.e., a newly created, computer-generated, highly realistic electronic representation in a sound recording, image, audiovisual work, or transmission where the individual did not perform or the original performance is materially altered, excluding authorized reproductions, sampling, remixing, mastering, or remastering) or (2) in connection with products or services for which such authorization is required to avoid liability. The right is not assignable during the individual's lifetime but is licensable (exclusively or non-exclusively); perpetual regardless of commercial exploitation during life; and, upon the individual's death, transferable by executors, heirs, or devisees via conveyance, law, will, or intestate succession. This section defines related terms, including "right holder" (the individual or any licensee or successor); "online service" (websites, apps, and services—including digital music providers under 17 U.S.C. §115—providing public access to user-uploaded material, with exceptions); "sound recording artist"; "user uploaded material" (end-user-placed videos, images, audio files, etc., excluding third-party providers or service agents); "digital fingerprint"; and "interactive computer service."