I think we can all agree that we should own our own image and likeness. And that when other people use our image and likeness to sell things or for nefarious reasons, there should be repercussions.

Well, that common-sense emotion is about to become law...if Congress listens to the more than 16,000 performers who have officially signed a SAG-AFTRA open letter sent directly to Capitol Hill.

They want them to pass the NO FAKES Act (Support the Nurture Originals, Foster Art, and Keep Entertainment Safe Act). We reported on the first part of the act in 2024, and it's taken this long to get it in front of Congress.

Its goal is to ban unauthorized artificial intelligence-generated images, videos, and vocal clones. This would protect filmmakers, actors, content creators, and the general public from having their image and likeness stolen and used for commercials, photos, or even pornography.

Let's dive in.


What the NO FAKES Act Actually Does

Right now, the legal landscape surrounding deepfakes and AI voice cloning is messy because it's not covered by federal law, and every state is completely different in terms of who is protected and who is not.

For example, if someone clones your lead actor's voice (like we saw with ScarJo) or superimposes an influencer's face onto a different body, you have to see where the ads are run, where the company is based, and you're in a legal black hole in terms of prosecution.

The NO FAKES Act aims to fix this by creating federal guardrails:

  • A Federal Right to Identity: It establishes a clear, nationwide intellectual property right over your own voice and visual likeness. These protections extend to families after a creator passes away, as well.
  • Targeting the Distributors: It empowers individuals to take direct legal action against bad actors who knowingly create, host, distribute, or profit from unauthorized digital replicas.
  • Notice-and-Removal Responsibilities: Online platforms and streaming services would be forced to remove or disable access to unauthorized replicas as soon as they receive a valid notice.

Moving Past the "TAKE IT DOWN" Act

Right now, what we have in effect for these protections is not good enough. It's called the TAKE IT DOWN Act, which is fixated on non-consensual explicit deepfakes.

While that's good, it is really about porn and nude photos and not what we're seeing AI steal day in and day out from ordinary people.

SAG-AFTRA leadership argues it didn't go far enough to safeguard day-to-day creative professionals.

“The TAKE IT DOWN Act is a crucial first step, but it is only the beginning. Congress must enact the NO FAKES Act to close the gaps that leave performers, creators, and all of us vulnerable to fraud, exploitation, and unauthorized performance replacement. Every day we delay is another day abusers exploit these loopholes. The time to take the next step is now,” said SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland.

Summing It All Up

The entertainment industry is entering an era in which the line between what is captured on camera and what is generated on a server is blurring. Passing the NO FAKES Act would give creators ownership of their faces and voices and provide level protections for generations to come.

We will keep a close eye on the Senate Judiciary Committee as this bill moves through chambers.

Let me know what you think in the comments.