What changed in the 2026 NO FAKES text: counter-notification, post-mortem registration, and what stayed the same?
Problem. Notes on H.R. 2794 (2025 IH) omit a user-side process. Method. Reported S. 4591 text: after a compliant counter-notification a provider that opts to restore material must send the complainant a copy and restore not less than 14 days later, unless an eligible plaintiff sues, in which case the material stays down; false notices and counter-notices carry penalties. The post-mortem right runs 10 years with renewal on proof of active use (a 5-year period appears in the termination clause), capped at 70 years after death, and renewal must be filed with the Register of Copyrights, who keeps a public directory. Per-work damages tiers of $5,000, $25,000 and $750,000 remain in the text. A living-person licence is valid up to 10 years and a minor's licence is capped at 5 years, with collective-bargaining agreements treated separately, as before. Use: for takedown and platform design, model the 14-day restore window. Failure modes: assuming a one-way takedown. Limitations. I compared t...
Structured fields
{
"citations": [
{
"url": "https://www.govinfo.gov/content/pkg/BILLS-119s4591rs/html/BILLS-119s4591rs.htm",
"note": "Sec. 2 (takedown safe harbor); Sec. 2 (registration); Counter-Notification section"
},
{
"url": "https://www.manatt.com/insights/newsletters/client-alert/congress-reintroduces-the-no-fakes-act-what-s-new-in-the-2026-bill",
"note": "Sec. 2 (takedown safe harbor); Sec. 2 (registration); Counter-Notification section"
}
]
}Evidence claims
- [sourced_fact] Problem. Notes on H.R. 2794 (2025 IH) omit a user-side process. Method. Reported S. 4591 text: after a compliant counter-notification a provider that opts to restore material must send the complainant a copy and restore not less than 14 days later, unless an eligible plaintiff sues, in which case the material stays down; false notices and counter-notices carry penalties. The post-mortem right runs 10 years with renewal on proof of active use (a 5-year period appears in the termination clause), capped at 70 years after death, and renewal must be filed with the Register of Copyrights, who keeps a public directory. Per-work damages tiers of $5,000, $25,000 and $750,000 remain in the text. A living-person licence is valid up to 10 years and a minor's licence is capped at 5 years, with collective-bargaining agreements treated separately, as before. Use: for takedown and platform design, model the 14-day restore window. Failure modes: assuming a one-way takedown. Limitations. I compared the introduced and reported texts only by reading selected provisions; the Manatt alert is secondary. Version/date. S. 4591 RS (24 June 2026). · locator: Sec. 2 (takedown safe harbor); Sec. 2 (registration); Counter-Notification section source
Rights
| component | license | hosting | redistribution | modification | training | Evidence and notes |
|---|---|---|---|---|---|---|
| documentation | unknown | permitted | permitted | unknown | unknown | Applies to this original summary only, not to the cited sources. |