The NO FAKES Act Explained: Federal AI Likeness Legislation and Your Digital Estate

The NO FAKES Act is a federal bill that would create the first nationwide right to control AI-generated digital replicas of a person's voice or likeness — a right that continues after death, is inheritable, and can last up to 70 years post-mortem. On June 22, 2026, the Senate Judiciary Committee unanimously advanced the bill, moving it one step closer to becoming the first federal right of publicity law in US history.

This guide explains what the NO FAKES Act actually does, why its postmortem provisions matter directly for digital estate planning, how it interacts with the small number of state laws that currently exist, and what to do now while it remains pending.

What the NO FAKES Act Actually Is

NO FAKES stands for Nurture Originals, Foster Art, and Keep Entertainment Safe — the formal name of Senate bill S.4591. The bill creates a new federal intellectual property right that gives every individual, living or dead, the exclusive right to authorize the use of their voice or visual likeness in a "digital replica": a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as that person's voice or likeness.

This is a direct legislative response to the rapid growth of generative AI tools capable of producing convincing digital replicas — voice clones, deepfake videos, and AI-generated performances — often without the consent of the person being replicated. The bill was introduced amid growing concern from the entertainment industry, individual creators, and, increasingly, families of deceased individuals whose likenesses have been used in AI-generated content without authorization.

The Postmortem Provision: Why This Matters for Digital Estate Planning

The most directly relevant provision for digital estate planning is straightforward: the right created by the NO FAKES Act "is not assignable during the individual's lifetime but is licensable and does not expire upon the death of the individual." In practical terms, this means your right to control AI-generated replicas of your voice and likeness becomes an inheritable digital asset, similar in principle to how a copyright can pass to your heirs.

Under the current bill text, this postmortem right can extend for up to 70 years after death — closely mirroring the duration of copyright protection — and passes to whoever the deceased individual designated as their "right holder," which can include an estate representative, an authorized heir, or someone holding a relevant personal services contract. Critically, licensing a deceased person's digital replica requires the right holder's authorization and a "reasonably specific description of the intended uses" — meaning a blanket, open-ended license is not permitted under the bill as currently written.

How This Differs From — and Interacts With — Existing State Laws

Currently, only eight states have enacted legislation specifically addressing AI-generated digital replicas of a person's voice or likeness: Tennessee, California, Illinois, New York, Utah, Arkansas, Montana, and Washington. These statutes vary considerably — some focus primarily on performers and celebrities, others provide broader protection to any identifiable individual, and their postmortem provisions differ significantly in scope and duration.

Washington's Forged Digital Likenesses Act, which we cover in detail in our Washington digital estate planning guide, is one of the more comprehensive existing state laws — treating digital likeness as a property right that descends through a will or intestate succession, similar to the structure the NO FAKES Act proposes at the federal level. If NO FAKES becomes law, it would establish the first harmonized national standard, likely working alongside rather than simply replacing these existing state protections, similar to how federal and state privacy or consumer protection laws frequently coexist today.

For residents of the 42 states without any current AI likeness legislation, the NO FAKES Act would represent the first legal protection of this kind available to them at all — a meaningful expansion of postmortem rights beyond the patchwork that currently exists only in a handful of states.

Where the Bill Stands Right Now

As of this writing, the NO FAKES Act has been unanimously advanced by the Senate Judiciary Committee and now moves to consideration by the full Senate. It has not yet passed either chamber of Congress or been signed into law. The bill has notable bipartisan support and backing from significant portions of the entertainment industry, though it has also drawn criticism from free-expression advocacy groups concerned about how broadly its restrictions on sharing "unauthorized digital replicas" could be applied in practice.

Legislative timelines are inherently unpredictable, and a bill advancing through committee is a meaningful step but not a guarantee of eventual passage. We will update this guide as the bill's status changes — check back or see our digital estate planning statistics 2026 page for other current legislative developments in this space.

What to Do Now, While the Bill Is Still Pending

You do not need to wait for federal legislation to start protecting your digital likeness. If you live in one of the eight states with an existing AI likeness law — particularly Washington, California, or Illinois, all of which we cover in detail — your state's protections are already active today. See our state-specific guides: Washington, California, Illinois, and New York.

Document your explicit wishes about AI use of your likeness now. Whether or not your state currently has a specific law, write down your preferences about posthumous AI use of your voice, image, and likeness in your Letter to Family — including your views on digital afterlife services and AI griefbots, a related and fast-growing category we cover in a companion guide. This creates a clear record of your intent regardless of which legal framework ultimately applies.

Discuss digital likeness rights with an estate planning attorney. As this area of law develops rapidly, an attorney can help ensure your will or trust designates a specific right holder for your digital likeness, separate from your general executor if appropriate, and stays current as new legislation like the NO FAKES Act moves through Congress.

Monitor developments if you are a content creator, performer, or public figure. Individuals with an existing public voice or likeness — YouTubers, podcasters, musicians, actors — have a particularly strong interest in how this legislation develops, since their likeness carries commercial value that could be licensed or misused after death. See our guide to what happens to a YouTube channel after death for related considerations.