WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the Nurture Originals, Foster Art, and Keep Entertainment Safe Act. This Act may be referred to as the NO FAKES Act.
Establishes the short title of the Act as the Nurture Originals, Foster Art, and Keep Entertainment Safe Act, also referred to as the NO FAKES Act.
(a)(1) "Digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1)" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2); and (B) is fixed in a sound recording or audiovisual work in which that individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) did not actually perform or appear.
(a)(2) "IndividualIndividual"Individual" means a human being, living or dead.Section 5(a)(2)" means a human being, living or dead.
(a)(3) "Sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Section 5(a)(3)" means an individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) who creates or performs in sound recordings for economic gain or for the livelihood of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2).
(a)(4) "Visual likenessVisual likeness"Visual likeness" means the actual visual image or likeness of an individual, without regard to the means of creation, that is readily identifiable as the visual image or likeness of the individual: (A) because of a depiction of the face, image, likeness, or other visually identifiable characteristic of the individual; or (B) from information displayed in connection with the face, image, likeness, or other visually identifiable characteristic of the individual.Section 5(a)(4)" means the actual visual image or likeness of an individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2), without regard to the means of creation, that is readily identifiable as the visual image or likeness of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2): (A) because of a depiction of the face, image, likeness, or other visually identifiable characteristic of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2); or (B) from information displayed in connection with the face, image, likeness, or other visually identifiable characteristic of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2).
Section 5(a) defines four key terms: digital replica, individual, sound recording artist, and visual likeness. The digital replica definition is notably narrow — it requires that the AI-generated representation be (1) nearly indistinguishable from the real person and (2) fixed in a sound recording or audiovisual work. Ephemeral or clearly synthetic outputs would not qualify. The definition of individual expressly includes deceased persons, which dovetails with the 70-year post-mortem right established in subsection (b).
(b)(1)–(2) Subject to the other provisions of this Section, each individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) and, in the case of an individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) who is dead, any executor, heir, assign, or devisee of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) has the right to authorize the use of the image, voice, or visual likeness of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) in a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1). (2) The right described in paragraph (1) shall have the following characteristics: (A) is a property right; and (B) descendible and licensable in whole or in part, by the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) to whom the right applies.
(b)(3)–(4) The right shall not expire upon the death of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) to whom the right applies, without regard to whether the right is commercially exploited by that individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) during the lifetime of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2). (4) The right shall be exclusive to: (A) the applicable individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2), subject to the licensing of those rights, as provided in this paragraph, during the lifetime of that individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2); and (B) the executors, heirs, assigns, or devisees of the applicable individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) for a period of 70 years after the death of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2).
(b)(5) A license described in subparagraph (A) of subsection (4) shall be valid only if: (A) the applicable individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) was represented by counsel in the transaction and the assignment agreement was in writing; or (B) the licensing of the right covered by the assignment is governed by a collective bargaining agreement.
This subsection creates a new property right for every individual (living or dead) to authorize the use of their image, voice, or visual likeness in a digital replica. The right is descendible, licensable, and survives for 70 years after death regardless of whether the individual commercially exploited it during their lifetime. Licensing during the individual's lifetime requires either written counsel-represented agreement or coverage by a collective bargaining agreement — a significant procedural safeguard against overreaching contracts.
(c)(1)–(2) 1 Any person that, in a manner affecting interstate or foreign commerce (or using any means or facility of interstate or foreign commerce), engages in an activity described in paragraph (2) shall be liable in a civil action brought under subsection (d) for any damages sustained by the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) or rights holder injured as a result of that activity. (2) An activity described in this paragraph is either of the following: (A) The production of a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1) without consent of the applicable individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) or rights holder. (B) The publication, distribution, or transmission of, or otherwise making available to the public, an unauthorized digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1), if the person engaging in that activity has knowledge that the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1) was not authorized by the applicable individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) or rights holder.
(c)(3) 1 It shall not be a violation of paragraph (1) if, regardless of the degree of dramatization: (A) the applicable digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1) is used as part of a news, public affairs, or sports broadcast or report; (B) the applicable digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1): (i) is used part of a documentary, docudrama, or historical or biographical work; and (ii) uses a representation of the applicable individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) as that individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2); (C) the applicable digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1) is used for purposes of comment, criticism, scholarship, satire, or parody; (D) the applicable digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1) is used in an advertisement or commercial announcement for a purpose described in subparagraph (A), (B), or (C); or (E) the use of the applicable digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1) is de minimis or incidental.
This subsection establishes the core prohibitions. Two activities trigger liability: (1) producing a digital replica without the consent of the applicable individual or rights holder, and (2) publishing, distributing, transmitting, or otherwise making available an unauthorized digital replica with knowledge that it was unauthorized. Liability requires a nexus to interstate or foreign commerce. Broad exceptions protect news broadcasts, documentaries, biographical works, comment, criticism, scholarship, satire, parody, advertisements for those protected uses, and de minimis or incidental uses.
(d)(1) A civil action for a violation of subsection (c) may be brought by: (A) an individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2), the image, voice, or visual likeness of whom is used in the digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1) that is the subject of the action; (B) any other person that owns or controls, including by virtue of an exclusive license, the rights to the image, voice, or visual likeness of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) described in subparagraph (A); or (C) in the case of a digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1) involving a sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Section 5(a)(3), any person that has entered into a contract for the exclusive personal services of the sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Section 5(a)(3) as a sound recording artistSound recording artist"Sound recording artist" means an individual who creates or performs in sound recordings for economic gain or for the livelihood of the individual.Section 5(a)(3).
(d)(2) A civil action may not be brought under this subsection unless the action is commenced not later than 3 years after the date on which the party seeking to bring the civil action discovered, or with due diligence should have discovered, the applicable violation.
(d)(3) It shall not be a defense in a civil action brought under this subsection that the defendant: (A) displayed or otherwise communicated to the public a disclaimer stating that the applicable digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1) was unauthorized; or (B) did not participate in the creation, development, distribution, or dissemination of the applicable digital replicaDigital replica"Digital replica" means a newly created, computer-generated, electronic representation of the image, voice, or visual likeness of an individual that: (A) is nearly indistinguishable from the actual image, voice, or visual likeness of that individual; and (B) is fixed in a sound recording or audiovisual work in which that individual did not actually perform or appear.Section 5(a)(1).
(d)(4) In any civil action brought under this subsection: (A) the person committing a violation of subsection (c) shall be liable to the injured party in an amount equal to the greater of: (i) $5,000 per violation; or (ii) any damages suffered by the injured party as a result of the violation; (B) in the case of a willful violation where the injured party has proven that the defendant acted with malice, fraud, or oppression, the court may award to the injured party punitive damages; and (C) the court may award to the prevailing party reasonable attorney's fees.
This subsection establishes standing, the statute of limitations, excluded defenses, and the damages framework. Standing extends to three categories of plaintiffs: the depicted individual, any person owning or controlling the likeness rights (including exclusive licensees), and in sound-recording cases, a person holding an exclusive personal-services contract. The three-year limitations period runs from discovery or constructive discovery. Two defenses are expressly excluded: (1) that the defendant posted a disclaimer, and (2) that the defendant did not participate in creating the replica. Damages include the greater of $5,000 per violation or actual damages, punitive damages for willful violations involving malice, fraud, or oppression, and reasonable attorney's fees.
(e) Nothing in this Section may be construed to limit any right an individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2) may have under any other law that provides protection against the unauthorized use of the image, voice, or visual likeness of the individualIndividual"Individual" means a human being, living or dead.Section 5(a)(2).
This savings clause preserves any rights an individual may have under other state or federal law protecting against unauthorized use of image, voice, or visual likeness. The bill supplements rather than displaces Illinois's existing Right of Publicity Act (765 ILCS 1075) and common law claims.
(f) This Section shall be considered to be a law pertaining to intellectual property for the purposes of section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. 230(e)(2)).
This provision declares the Act to be an intellectual property law for purposes of Section 230(e)(2) of the Communications Act of 1934 (47 U.S.C. § 230(e)(2)). This is a deliberate attempt to ensure that online platforms cannot invoke Section 230 immunity to defeat claims under this Act. Whether a state legislature can definitively characterize its own statute for federal preemption purposes remains unsettled, but the provision signals clear legislative intent.
This Section shall apply only to conduct occurring after the effective date of this Act.
Limits the Act's application to conduct occurring after its effective date, eliminating retroactive liability.
If any provision of this Section, or the application of a provision of this Section, is...
Standard severability clause. If any provision or application is held invalid, the remainder of the Act survives.