Voice Likeness Rights and Digital Replica Law Statistics (2026): 50+ Data Points on Federal Bills, State Statutes, and Court Rulings

Voice likeness and digital replica law statistics 2026: the pending NO FAKES Act sets damages up to $750,000 per work; 27 states enacted 55 deepfake laws since 2025.

Up to $750,000 per work is the top damages figure in the NO FAKES Act of 2026, and as of October 31, 2026, it is still only a proposal (Roll Call, June 18, 2026). The bill has 15 cosponsors and has been on the Senate calendar since June 24, 2026, with no floor vote listed (Congress.gov, S. 4591 actions). States have moved faster: 27 states enacted 55 deepfake laws across 2025 and 2026 (LawSignals Deepfake Laws tracker 2026), and California’s SB 1111 on voice and likeness replicas passed the Assembly 77 to 1 (CalMatters Digital Democracy 2026). We aggregated data from the US Copyright Office, Congress.gov, the FCC, the FTC, state legislature records, EU institutions, and court records as reported by law firms and university databases. This roundup is factual reporting, not legal advice, and it covers likeness rights rather than the data-privacy rules in our biometric privacy law statistics.

TL;DR

  • The NO FAKES Act of 2026 is pending, not law, as of October 31, 2026 (Congress.gov, S. 4591 actions).
  • 15 senators cosponsor S. 4591: 7 Democrats and 8 Republicans (Roll Call, June 18, 2026).
  • Platforms that make no good-faith effort to remove unauthorized deepfakes could face up to $750,000 per work under the bill (Roll Call, June 18, 2026).
  • 27 US states offered post-mortem publicity rights in 2024, with terms from 20 years in Virginia to indefinite in Tennessee (US Copyright Office, Digital Replicas Report 2024).
  • 10 states have passed civil laws on AI copies of real people since 2024 (Afterlife.ai state tracker, vendor-run, October 28, 2026).
  • 279 deepfake bills were pending in 53 jurisdictions, 19 of them in Congress (LawSignals Deepfake Laws tracker 2026).
  • California’s SB 1111 passed 36 to 0 in the Senate and 77 to 1 in the Assembly (CalMatters Digital Democracy 2026).
  • The FCC’s $6 million Biden voice robocall fine rested on 3,000 verified calls at $2,000 each (FCC Forfeiture Order 24-104, 2024).
  • EU AI Act fines for Article 50 transparency breaches reach 15 million euros or 3% of turnover (EU AI Act, Article 99).
  • Denmark’s Bill L 49 would protect voices for 50 years after death, and it is pending (PPC Land, October 2026).
  • 84% of US respondents agreed that people should be protected from unauthorized AI replicas of their voice and likeness (Boston University and Ipsos, August 2025).

1. Federal Status: A Committee Win, Not a Statute

Two years after its first introduction, the federal bill has made more progress than ever and still creates no right. S. 4591 has 15 cosponsors and one committee win, and no action is listed after June 24, 2026. The 2025 version never left committee, so the June 2026 markup is a real change, yet a voice vote leaves no recorded tally to show how firm that support is.

The demand side is older than the bill. The US Copyright Office said on July 31, 2024, that there is “an urgent need for effective nationwide protection,” after reviewing more than 10,000 comments in its AI inquiry (US Copyright Office, NewsNet 1048, 2024). About 1,000 of those comments addressed digital replicas, over 90% of them from individuals (US Copyright Office, Digital Replicas Report 2024). Roll Call also reports that Sen. Blackburn is negotiating with the White House on an AI preemption package that would include the bill, so its route to the floor may run through a larger deal (Roll Call, June 18, 2026).

MetricValueSource
2025 version of the bill (S. 1367): cosponsors and last action13 cosponsors; referred to committee on April 9, 2025, with no later actionCongress.gov, S. 1367 actions
Date the 2026 version (S. 4591) was introducedMay 20, 2026nofakesact.org summary, August 2026
Cosponsors of S. 4591 at markup15 (7 Democrats, 8 Republicans)Roll Call, June 18, 2026
Senate Judiciary Committee action on S. 4591Advanced on June 18, 2026, by voice voteRoll Call, June 18, 2026
Latest action on S. 4591 as read on October 31, 2026 (pending)June 24, 2026: placed on the Senate calendar as Calendar No. 446Congress.gov, S. 4591 actions
Senators named as raising concerns, mainly on free speech4 (Padilla, Cruz, Lee, Schmitt)Roll Call, June 18, 2026
Signatures on the SAG-AFTRA open letter backing the billMore than 16,000SAG-AFTRA letter, reported by Roll Call, June 18, 2026
House companion bill (H.R. 8915), pendingIntroduced May 20, 2026; no House Judiciary markup scheduled as of June 18, 2026nofakesact.org summary, August 2026; Digital Music News, June 18, 2026

Trade groups split. The National Association of Broadcasters backs the bill (RBR, 2026), while NetChoice opposes it and argues that platforms would have a financial incentive to remove lawful content (Roll Call, June 18, 2026).

2. What the Pending Federal Bill Would Set

The damages schedule is built to reward takedown compliance. An online service that makes a good-faith compliance effort pays $25,000 per work, while one that does not pays $5,000 per instance, up to $750,000 per work (S. 4591 reported text, June 24, 2026). Liability would therefore scale with how a platform behaves, not only with what a user uploaded.

The sharpest gap between the bill and the Copyright Office is the length of protection after death. The bill allows renewals up to 70 years, a ceiling the Office’s 2024 report did not recommend: it said a post-mortem term “is not necessary” and that, if one is provided, the initial term should be shorter than twenty years. If enacted, the bill would take effect 180 days after enactment, and it gives a civil claimant 3 years from discovery to sue. Every bill figure below is a proposal, not law in force, and the last two rows are the Copyright Office’s own recommendations.

MetricValueSource
Damages for an online service without a good-faith compliance effort$5,000 per display, copy, transmission or instance, capped at $750,000 per workS. 4591 reported text, June 24, 2026
Damages for an individual defendant vs an online service with a good-faith effort, or an entity that is not an online service$5,000 per work vs $25,000 per workS. 4591 reported text, June 24, 2026
Penalty for a false or deceptive takedown notice or counter-notice$25,000Digital Music News, June 18, 2026
Post-mortem term in the bill10 years, then 5-year renewals tied to authorized public use, ending at 70 years after death at mostS. 4591 reported text, June 24, 2026
Longest license of a digital replica in the bill10 years for a living adult; 5 years for a minor under 18, with court approval, ending by age 18S. 4591 reported text, June 24, 2026
Copyright Office view on post-mortem termsNot necessary; if provided, an initial term shorter than 20 yearsUS Copyright Office, Digital Replicas Report 2024
Copyright Office view on license lengthA relatively short term, such as 5 or 10 years, except collectively bargained licensesUS Copyright Office, Digital Replicas Report 2024

The false-notice penalty bears directly on the free speech objections in section 1, because it targets abusive takedown requests. The Digital Music News report describes it as part of the current version.

3. The State Map: Count Depends on the Definition

There is no single number for “states with a digital replica law.” Depending on the definition, the 2026 answer is 8, 10, 13 or 27 states, and each is correct for its own question. The narrow counts cover statutes aimed at AI copies, while the widest covers any deepfake law, including sexual images and election content.

The older baseline still matters, because AI-specific laws often amend existing publicity rights. The US Copyright Office’s Digital Replicas Report (2024) is the most recent federal count we could find, and it also warned that “not all states’ laws protect an individual’s voice.” For a performer, the same replica can therefore carry different protection on either side of a state line.

MetricValueSource
States with post-mortem publicity rights (most recent federal count)27: 19 by statute, 8 by common lawUS Copyright Office, Digital Replicas Report 2024
Range of post-mortem terms across states20 years (Virginia), 100 years (Indiana), indefinite (Tennessee)US Copyright Office, Digital Replicas Report 2024
States with civil laws on AI copies of real people passed since 202410Afterlife.ai state tracker (vendor-run), October 28, 2026
Further states making deceptive deepfakes a crime3 (New Hampshire, New Jersey, Pennsylvania)Afterlife.ai state tracker (vendor-run), October 28, 2026
States that name digital replicas in statute8Afterlife.ai country tracker (vendor-run), October 28, 2026
States that require or allow heirs to register publicity rights7Afterlife.ai state tracker (vendor-run), October 28, 2026
Deepfake laws enacted in 2025 and 2026, all topics55 laws in 27 states, of which 19 carry a voice or likeness tag (our tally of the tracker’s tags)LawSignals Deepfake Laws tracker 2026
Deepfake bills still pending279 bills in 53 jurisdictions, 19 in Congress; latest action October 23, 2026LawSignals Deepfake Laws tracker 2026

For scale, state legislators introduced 191 AI-related bills in 2023, 37 of them on deepfakes, and six deepfake bills passed (most recent available data for that comparison: US Copyright Office, Digital Replicas Report 2024, citing 2023 figures). Election deepfakes are a separate track: Public Citizen’s tracker showed enacted entries in 33 states on October 21, 2026, though one of those laws was struck down and another has sunset.

4. Eight Voice Statutes, Side by Side

The state votes tell a different story from Washington, DC. California’s SB 1111 passed 36 to 0 and 77 to 1, and New York’s S8391 passed the Senate 59 to 0, while the federal bill has yet to reach a floor vote. On these votes, voice and likeness replicas drew little opposition at state level.

The texts differ in ways that matter for audio. Six of the laws below deal with real people’s voices or likenesses, and two regulate synthetic performers who are not real people at all. New York exempts audio-only ads from its synthetic performer rule, while California covers them (Davis+Gilbert, 2026).

MetricValueSource
Tennessee ELVIS Act (HB 2091), effective July 1, 2024Adds voice; 2 private causes of action; treble damages for knowing use; misdemeanor for unauthorized commercial useDavis Wright Tremaine, 2024
California AB 1836 (Chapter 258, 2024): replicas of dead peopleLiability of the greater of $10,000 or actual damagesCalMatters Digital Democracy 2024
California SB 1111 (Chapter 862, signed September 30, 2026): voice and likeness replicasSenate 36 to 0; Assembly 77 to 1; takes effect January 1, 2027CalMatters Digital Democracy 2026; Radio News Now, October 2026
California SB 1050 (signed September 16, 2026): synthetic performers in adsDisclosure required; audio-only ads covered; takes effect January 1, 2027Davis+Gilbert, 2026
New York S8391 (Chapter 616, signed December 11, 2025): dead performersSenate 59 to 0; consent replaces the old disclaimer option; damages of the greater of $2,000 or compensatory damagesNew York State Senate, S8391
New York S8420-A (Chapter 617, signed December 11, 2025): synthetic performers in ads$1,000 for a first violation, $5,000 for later ones; takes effect 180 days after becoming lawNew York State Senate, S8420-A
Washington SSB 5886 (Chapter 69, 2026): personality rights, effective June 11, 2026Senate 47 to 0; House 85 to 9Washington State Legislature, SB 5886
Montana HB 513 (Chapter 685, 2025): voice and visual likenessRights last 20 years after death; 4 years to file a claim after discoveryMontana Code 30-14-1714

Washington’s underlying statute now gives a $3,000 civil penalty plus actual damages, adds noneconomic damages for a forged digital likeness, and runs 10 years after death for individuals and 75 years for personalities (RCW 63.60).

5. Courts and Regulators: Older Tools Doing New Work

Without a federal right, enforcement has borrowed from statutes written for other problems. The FCC’s $6 million fine over the fake Biden robocall was built on the Truth in Caller ID Act: 3,000 verified calls at $2,000 each (FCC Forfeiture Order 24-104, 2024). The penalty attached to a spoofed phone number, not to the cloned voice as such.

The court record points the same way. In Lehrman v. Lovo, federal claims based on the clones failed, while New York publicity and consumer claims went ahead: in this ruling, copyright reached recordings, not the voice itself. Disputes over recordings are a separate fight, covered in our AI music copyright claims statistics. The Cash case tests a different edge, because the estate does not allege AI at all. The ad’s voice is a human tribute singer, so the ruling could show how far the ELVIS Act reaches beyond cloning (American Songwriter, May 14, 2026).

MetricValueSource
Lehrman v. Lovo (New York federal court, July 10, 2025): outcome of 16 pleaded claimsContract, publicity, consumer protection and one recording-based copyright claim survived; Lanham Act and clone-output copyright claims dismissedSkadden, July 2025; Loeb, July 2025
Johnny Cash trust v. Coca-Cola (Nashville federal court), pending as of May 14, 2026Filed November 2025; answer filed May 8, 2026; no AI alleged; damages likely above $75,000 soughtAmerican Songwriter, May 14, 2026
Beijing Internet Court AI voice ruling, April 2024250,000 yuan (about $34,500); 2 of 5 defendants held liableBeijing Internet Court, 2024
Arijit Singh v. Codible Ventures (Bombay High Court, July 26, 2024)Ad-interim injunction against voice cloning; 38 numbered defendantsColumbia Global Freedom of Expression
Calls in the fake Biden robocall campaign9,581 calls, 3,000 verifiedFCC Forfeiture Order 24-104, 2024
FCC ruling that AI voices count as artificial under the Telephone Consumer Protection ActFebruary 8, 2024; 26 state attorneys general wrote in supportFCC press release, 2024
FTC letters when TAKE IT DOWN enforcement began (May 2026)12 warning letters to nudify tools; 15 reminder letters to major platformsFTC, May 20, 2026
TAKE IT DOWN Act platform duty and maximum civil penaltyRemoval within 48 hours; up to $53,088 per violationFTC, May 20, 2026

The TAKE IT DOWN Act is included for contrast. It is a federal deepfake statute in force, but its digital forgery definition covers intimate visual depictions and does not mention audio (Public Law 119-12, 2025).

Europe is testing two models at once. The EU AI Act requires disclosure, not consent: it says a deepfake must be labeled, not that the person imitated must agree. Denmark’s Bill L 49 goes further, requiring consent and placing the burden of proving it on the publisher, for 50 years after death. Accidental publication is covered too, so the Danish text would put responsibility on whoever makes the imitation public (PPC Land, October 2026).

The idea has political reach. A European Parliamentary Research Service note dated January 14, 2026, records a declaration signed by ministers from all Member States except Hungary, plus five other European countries, stating that citizens must be protected against digital replicas of their personal characteristics without consent (EPRS, 2026).

MetricValueSource
EU AI Act Article 50 deepfake disclosure duty applies fromAugust 2, 2026EU AI Act, Article 50
Maximum fine for Article 50 transparency breaches15 million euros or 3% of worldwide annual turnover, whichever is higher; lower figure for small and medium companiesEU AI Act, Article 99
Effect of the Digital Omnibus (Regulation (EU) 2026/1744, in force July 27, 2026) on Article 50Date unchanged; machine-readable marking grace period to December 2, 2026, for systems already on the marketBaker Botts, September 2026
Organizations that signed the voluntary EU Code of Practice on AI-generated content transparencyAbout 190 by the end of July 2026European Commission, updated October 19, 2026
Denmark Bill L 49, pendingTabled October 8, 2026; proposed start January 1, 2027; more than 100 bodies consulted on the 2025 draftPPC Land, October 2026
Denmark Bill L 49: length of protection and enforcement50 years after death; civil only, with no fines or criminal offencePPC Land, October 2026
India removal deadlines under the IT Rules amendments (in force February 20, 2026)3 hours after a court or government order (previously 36); 2 hours for high-risk categories including impersonation (previously 24)Freshfields, 2026
China draft rules on digital virtual humans (issued April 3, 2026, not final)Consent needed for a digital human that identifies a person, including by voice; fines of 10,000 to 200,000 yuanCyberspace Administration of China, 2026

Elsewhere the status varies. Spain’s draft organic law treats unauthorized AI recreation of a voice as unlawful interference, and it remained a draft at last report on January 28, 2026 (ECIJA, 2026). The UK government’s March 18, 2026, report says it will consider “whether it would be beneficial to introduce a new digital replica or personality right,” with no timetable, according to Resultsense’s August 2026 summary of Macfarlanes’ analysis. The European Parliament adopted its report on copyright and generative AI on March 10, 2026 (European Parliament Legislative Observatory), and Italy’s AI law, Law 132/2025, has been in force since October 10, 2025 (Gazzetta Ufficiale, 2025).

Private contracts reached this subject before most statutes did, and California then wrote a legal floor beneath them. Under AB 2602, a contract term allowing a digital replica to stand in for in-person work can be unenforceable if it lacks a reasonably specific description of the use and the performer had neither a lawyer nor a union. The legal point of the union votes below is narrower than their headlines: a collective agreement that expressly addresses digital replicas is one of the ways to satisfy that California rule. Our voice actor AI contracts statistics cover the workforce side.

Public opinion is lopsided: 84% of US respondents agreed that people should be protected from unauthorized AI replicas of their voice and likeness, in a Boston University and Ipsos survey fielded August 22 to 25, 2025. The harder political question is who writes the rules, and national voters lean toward having both levels of government do it (Deseret News, October 26, 2026). That matters for any preemption package. Consent also runs through the rules that apply to people using voice cloning software: the statutes above generally address the use of another person’s voice without permission, although Tennessee and Montana also reach tools built mainly to produce unauthorized replicas.

MetricValueSource
California AB 2602 (Chapter 259, 2024) final Assembly vote73 to 0 on August 28, 2024CalMatters Digital Democracy 2024
New performances covered by AB 2602Those fixed on or after January 1, 2025CalMatters Digital Democracy 2024
SAG-AFTRA 2023 TV/Theatrical contract, ratified December 202378.33% in favor; turnout about 38.15%TheWrap, December 5, 2023
SAG-AFTRA 2026 TV/Theatrical contract, which adds limits on synthetics91.42% in favor, 8.58% against; 19.25% return of ballotsSAG-AFTRA release, via WNY Labor Today, June 9, 2026
Agree that people should be protected from unauthorized AI replicas of voice and likeness84%Boston University and Ipsos, August 2025
Same statement, by party84% of Republicans, 90% of DemocratsBoston University and Ipsos, August 2025
Agree that platforms should remove unauthorized deepfakes the way they remove copyrighted music81%Boston University and Ipsos, August 2025
Registered US voters who favor both federal and state governments regulating AI55% (14% federal only, 8% state only, 6% no regulation); n = 2,050, margin of error 2 pointsMorning Consult for Deseret News and the Hinckley Institute, October 13 to 19, 2026

Summary: Voice Likeness Rights and Digital Replica Law by the Numbers

MetricValueSource
NO FAKES Act of 2026 (S. 4591) status on October 31, 2026Pending; Calendar No. 446 since June 24, 2026Congress.gov, S. 4591 actions
Cosponsors of S. 459115 (7 Democrats, 8 Republicans)Roll Call, June 18, 2026
Proposed damages cap for online services without a good-faith effort$750,000 per workS. 4591 reported text, June 24, 2026
Comments reviewed in the US Copyright Office AI inquiryMore than 10,000US Copyright Office, NewsNet 1048, 2024
States with post-mortem publicity rights27US Copyright Office, Digital Replicas Report 2024
States with civil laws on AI copies since 202410Afterlife.ai state tracker (vendor-run), October 28, 2026
Deepfake laws enacted in 2025 and 202655 in 27 statesLawSignals Deepfake Laws tracker 2026
California SB 1111 floor votes36 to 0 and 77 to 1CalMatters Digital Democracy 2026
New York S8391 Senate vote59 to 0New York State Senate
Washington SSB 5886 floor votes47 to 0 and 85 to 9Washington State Legislature
Claims pleaded in Lehrman v. Lovo16Skadden, July 2025
Beijing Internet Court AI voice award250,000 yuanBeijing Internet Court, 2024
FCC fine over the fake Biden robocall$6 millionFCC Forfeiture Order 24-104, 2024
FTC maximum civil penalty under TAKE IT DOWN$53,088 per violationFTC, May 20, 2026
EU AI Act Article 50 maximum fine15 million euros or 3% of turnoverEU AI Act, Article 99
Denmark Bill L 49 protection after death (pending)50 yearsPPC Land, October 2026
Agree people need protection from unauthorized AI replicas84%Boston University and Ipsos, August 2025
Voters who favor both federal and state AI regulation55%Morning Consult for Deseret News and the Hinckley Institute, October 2026

Methodology and Sources

We read each source below during this research and traced legal status to official records where we could reach them. Status statements are dated because this subject changes quickly. Nothing here is legal advice.

Last updated: October 31, 2026. We update this roundup quarterly, and the next refresh is expected when the US Senate takes up S. 4591 or the Danish parliament votes on Bill L 49.

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