High Tech Law | Protecting Likeness in the Artificial Intelligence (AI) Era

The No FAKES Act of 2025

Generative Artificial Intelligence (AI) has opened extraordinary creative possibilities but it has also made it alarmingly easy to create deepfakes that convincingly mimic real people in situations that never happened.

Viral AI generated music tracks have surfaced imitating artists like Drake, the Weeknd’ and others, garnering millions of clicks, and streams . AI has been used to resurrect legends like Elvis Presley and Michael Jackson in ways never envisioned . More troublingly, voice-cloning technology has been deployed in scams, where unsuspecting victims receive calls that sound exactly like a family member asking for money .

These examples underscore the central challenge. AI can now replicate a person’s likeness or voice so precisely that audiences may not distinguish between what is real and what is not. For artists, this threatens artistic integrity and revenue. For businesses, it raises reputational and legal risks. For individuals, it touches on privacy, dignity, and control over one’s own identity.

In response, U.S. lawmakers have proposed the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2025 (the “NO FAKES Act, a federal bill designed to set boundaries on the unauthorized creation and distribution of digital replicas .

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Protecting Likeness in the AI Era Final 25102025.pdf

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