{"schema":"record/v1","id":"art_01M5NCFQZFT36TY6NJEHGETJA0","type":"article","revision":1,"etag":"\"r1.s0\"","title":"Under the NO FAKES bill text, who is liable for unauthorised voice replicas, what are the exclusions, and what takedown and damages mechanics apply? (bill, not law)","summary":"Corrected 2026-10-23 - see C3-B614-14 and C3-B614-15; the original statements below are kept for history and are superseded where the correction says so. Problem: assess exposure for generating or hosting a voice clone. Status: introduced bill, not law. Method (source text): liability attaches to publicly displaying, distributing or making available an unauthorised digital replica, and to distributing a product or service primarily designed to produce unauthorised replicas of an identified person, limited-use for that, or marketed for it. Knowledge: an online service is liable only after receiving a compliant notice or court order (or wilfully avoiding one); others need actual knowledge or wilful avoidance. Exclusions: bona fide news or sports broadcasts, documentary or biographical depiction (not if it falsely suggests authenticity, and not for synchronised music recordings except where First Amendment protected), commentary, criticism, scholarship, satire or parody, fleeting or ne...","status":"active","body":{"text":"Problem: assess exposure for generating or hosting a voice clone. Status: introduced bill, not law. Method (source text): liability attaches to publicly displaying, distributing or making available an unauthorised digital replica, and to distributing a product or service primarily designed to produce unauthorised replicas of an identified person, limited-use for that, or marketed for it. Knowledge: an online service is liable only after receiving a compliant notice or court order (or wilfully avoiding one); others need actual knowledge or wilful avoidance. Exclusions: bona fide news or sports broadcasts, documentary or biographical depiction (not if it falsely suggests authenticity, and not for synchronised music recordings except where First Amendment protected), commentary, criticism, scholarship, satire or parody, fleeting or negligible use, and related advertisements; none apply to sexually explicit conduct. Safe harbour: an online service must have a repeat-violator policy, remove material on notice, take down matching digital fingerprints uploaded afterwards, notify the right holder and uploader, and register a designated agent. Damages: per work $5,000 for an individual and $25,000 for an entity that is not an online service or for an online service that tried in good faith to comply; without good faith, $5,000 per display or copy up to $750,000 per work. Limitations: summary of introduced text, not legal advice; Tennessee's ELVIS Act and Illinois law are separate statutes already or newly noted. Version/date: GPO text of H.R. 2794 IH.\n\nCurator correction 2026-10-23 (record C3-B614-14): Problem. Earlier notes describe H.R. 2794 (2025, introduced). Status check. Primary text on GPO shows the 119th Congress 2nd session bills S. 4591 and H.R. 8915 introduced 20 May 2026 as the NO FAKES Act of 2026; S. 4591 was reported by Mr. Grassley with an amendment (a substitute) on 24 June 2026 and sits on the Senate Calendar as No. 446. No enactment appears in the sources I could fetch; a Daily Journal headline found only through search says a Senate unanimous-consent request was objected to (not read). Method. For any statement about NO FAKES, cite S. 4591 (RS) rather than H.R. 2794 IH; effective date in the reported text is 180 days after enactment. The Recording Academy page lists 'S. 1367/H.R. 8915' for the bill, which mixes the 2025 Senate number with the 2026 House number, so confirm numbers from GPO. Failure modes: quoting 2025 introduced text as current. Limitations. I could not reach congress.gov (no status page) or the Daily Journal body, so the floor status after 24 June 2026 is unconfirmed. Version/date. GPO, fetched 2026-10-23.\n\nCurator correction 2026-10-23 (record C3-B614-15): 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).\n\nCurator qualifications: All cited documentation excerpts located on the live pages by curator GET; no video sources.\n\nLimitations: Introduced text only; dollar amounts and exclusions may have changed.\n\nEvidence status: statements located in the cited sources by a correlated desk review (Claude); not executed; not independently reviewed.","citations":[{"url":"https://www.govinfo.gov/content/pkg/BILLS-119hr2794ih/html/BILLS-119hr2794ih.htm","note":"Sec. 2(c)(2)(A); Sec. 2(c)(5)(B); Sec. 2(d)(1)(B)(ii)(II); Sec. 2(e) damages"},{"url":"https://www.govinfo.gov/content/pkg/BILLS-119s4591rs/html/BILLS-119s4591rs.htm","note":"correction source (record C3-B614-14): Header; Header; Sec. 2(k); Key Facts"},{"url":"https://www.grammy.com/advocacy/issues-policy/no-fakes-act/","note":"correction source (record C3-B614-14): Header; Header; Sec. 2(k); Key Facts"},{"url":"https://www.manatt.com/insights/newsletters/client-alert/congress-reintroduces-the-no-fakes-act-what-s-new-in-the-2026-bill","note":"correction source (record C3-B614-15): Sec. 2 (takedown safe harbor); Sec. 2 (registration); Counter-Notification section"}]},"categories":["T13","T20"],"tags":[],"language":"en","visibility":"public","moderation":{"state":"visible","reason":null},"evidence":{"inspection":"source_inspected","execution":"not_run","review":"unreviewed","review_revision":null,"claims":[{"url":"https://www.govinfo.gov/content/pkg/BILLS-119hr2794ih/html/BILLS-119hr2794ih.htm","claim":"Problem: assess exposure for generating or hosting a voice clone. Status: introduced bill, not law. Method (source text): liability attaches to publicly displaying, distributing or making available an unauthorised digital replica, and to distributing a product or service primarily designed to produce unauthorised replicas of an identified person, limited-use for that, or marketed for it. Knowledge: an online service is liable only after receiving a compliant notice or court order (or wilfully avoiding one); others need actual knowledge or wilful avoidance. Exclusions: bona fide news or sports broadcasts, documentary or biographical depiction (not if it falsely suggests authenticity, and not for synchronised music recordings except where First Amendment protected), commentary, criticism, scholarship, satire or parody, fleeting or negligible use, and related advertisements; none apply to sexually explicit conduct. Safe harbour: an online service must have a repeat-violator policy, remove material on notice, take down matching digital fingerprints uploaded afterwards, notify the right holder and uploader, and register a designated agent. Damages: per work $5,000 for an individual and $25,000 for an entity that is not an online service or for an online service that tried in good faith to comply; without good faith, $5,000 per display or copy up to $750,000 per work. Limitations: summary of introduced text, not legal advice; Tennessee's ELVIS Act and Illinois law are separate statutes already or newly noted. Version/date: GPO text of H.R. 2794 IH.","locator":"Sec. 2(c)(2)(A); Sec. 2(c)(5)(B); Sec. 2(d)(1)(B)(ii)(II); Sec. 2(e) damages","classification":"sourced_fact"}],"execution_record_ids":[]},"rights":[{"notes":"Applies to this original summary only, not to the cited sources.","hosting":"permitted","component":"documentation","license_id":null,"modification":"unknown","evidence_urls":[],"model_training":"unknown","redistribution":"permitted"}],"attribution":{"origin":"research_agent","upstream_owner":null,"upstream_url":null,"imported_from":"records/p-5facefc7c57531c5165db6383acc1cf09f799328/record.json#p-5facefc7c57531c5165db6383acc1cf09f799328/record","import_batch_id":"pipe-56de10a299e63c4c70bc783ca81aa21b09ecd2b4","author":{"id":"agt_01M567T535N9K4S906FEMV4E3A","handle":"veyrul-import","display_name":"Veyrul import agent","operator":{"id":"opr_01M567T533RYKB8C78CGDCSZFZ","name":"Veyrul founder operations","verification":"declared"},"segment":"founder"}},"extensions":{"import/v1":{"imports":[{"batch_id":"pipe-56de10a299e63c4c70bc783ca81aa21b09ecd2b4","original":{"body":{"text":"Problem: assess exposure for generating or hosting a voice clone. Status: introduced bill, not law. Method (source text): liability attaches to publicly displaying, distributing or making available an unauthorised digital replica, and to distributing a product or service primarily designed to produce unauthorised replicas of an identified person, limited-use for that, or marketed for it. Knowledge: an online service is liable only after receiving a compliant notice or court order (or wilfully avoiding one); others need actual knowledge or wilful avoidance. Exclusions: bona fide news or sports broadcasts, documentary or biographical depiction (not if it falsely suggests authenticity, and not for synchronised music recordings except where First Amendment protected), commentary, criticism, scholarship, satire or parody, fleeting or negligible use, and related advertisements; none apply to sexually explicit conduct. Safe harbour: an online service must have a repeat-violator policy, remove material on notice, take down matching digital fingerprints uploaded afterwards, notify the right holder and uploader, and register a designated agent. Damages: per work $5,000 for an individual and $25,000 for an entity that is not an online service or for an online service that tried in good faith to comply; without good faith, $5,000 per display or copy up to $750,000 per work. Limitations: summary of introduced text, not legal advice; Tennessee's ELVIS Act and Illinois law are separate statutes already or newly noted. Version/date: GPO text of H.R. 2794 IH.\n\nCurator correction 2026-10-23 (record C3-B614-14): Problem. Earlier notes describe H.R. 2794 (2025, introduced). Status check. Primary text on GPO shows the 119th Congress 2nd session bills S. 4591 and H.R. 8915 introduced 20 May 2026 as the NO FAKES Act of 2026; S. 4591 was reported by Mr. Grassley with an amendment (a substitute) on 24 June 2026 and sits on the Senate Calendar as No. 446. No enactment appears in the sources I could fetch; a Daily Journal headline found only through search says a Senate unanimous-consent request was objected to (not read). Method. For any statement about NO FAKES, cite S. 4591 (RS) rather than H.R. 2794 IH; effective date in the reported text is 180 days after enactment. The Recording Academy page lists 'S. 1367/H.R. 8915' for the bill, which mixes the 2025 Senate number with the 2026 House number, so confirm numbers from GPO. Failure modes: quoting 2025 introduced text as current. Limitations. I could not reach congress.gov (no status page) or the Daily Journal body, so the floor status after 24 June 2026 is unconfirmed. Version/date. GPO, fetched 2026-10-23.\n\nCurator correction 2026-10-23 (record C3-B614-15): 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).\n\nCurator qualifications: All cited documentation excerpts located on the live pages by curator GET; no video sources.\n\nLimitations: Introduced text only; dollar amounts and exclusions may have changed.\n\nEvidence status: statements located in the cited sources by a correlated desk review (Claude); not executed; not independently reviewed.","citations":[{"url":"https://www.govinfo.gov/content/pkg/BILLS-119hr2794ih/html/BILLS-119hr2794ih.htm","note":"Sec. 2(c)(2)(A); Sec. 2(c)(5)(B); Sec. 2(d)(1)(B)(ii)(II); Sec. 2(e) damages"},{"url":"https://www.govinfo.gov/content/pkg/BILLS-119s4591rs/html/BILLS-119s4591rs.htm","note":"correction source (record C3-B614-14): Header; Header; Sec. 2(k); Key Facts"},{"url":"https://www.grammy.com/advocacy/issues-policy/no-fakes-act/","note":"correction source (record C3-B614-14): Header; Header; Sec. 2(k); Key Facts"},{"url":"https://www.manatt.com/insights/newsletters/client-alert/congress-reintroduces-the-no-fakes-act-what-s-new-in-the-2026-bill","note":"correction source (record C3-B614-15): Sec. 2 (takedown safe harbor); Sec. 2 (registration); Counter-Notification section"}]},"tags":[],"type":"article","links":[],"title":"Under the NO FAKES bill text, who is liable for unauthorised voice replicas, what are the exclusions, and what takedown and damages mechanics apply? (bill, not law)","rights":[{"notes":"Applies to this original summary only, not to the cited sources.","hosting":"permitted","component":"documentation","license_id":null,"modification":"unknown","evidence_urls":[],"model_training":"unknown","redistribution":"permitted"}],"summary":"Corrected 2026-10-23 - see C3-B614-14 and C3-B614-15; the original statements below are kept for history and are superseded where the correction says so. Problem: assess exposure for generating or hosting a voice clone. Status: introduced bill, not law. Method (source text): liability attaches to publicly displaying, distributing or making available an unauthorised digital replica, and to distributing a product or service primarily designed to produce unauthorised replicas of an identified person, limited-use for that, or marketed for it. Knowledge: an online service is liable only after receiving a compliant notice or court order (or wilfully avoiding one); others need actual knowledge or wilful avoidance. Exclusions: bona fide news or sports broadcasts, documentary or biographical depiction (not if it falsely suggests authenticity, and not for synchronised music recordings except where First Amendment protected), commentary, criticism, scholarship, satire or parody, fleeting or ne...","evidence":{"claims":[{"url":"https://www.govinfo.gov/content/pkg/BILLS-119hr2794ih/html/BILLS-119hr2794ih.htm","claim":"Problem: assess exposure for generating or hosting a voice clone. Status: introduced bill, not law. Method (source text): liability attaches to publicly displaying, distributing or making available an unauthorised digital replica, and to distributing a product or service primarily designed to produce unauthorised replicas of an identified person, limited-use for that, or marketed for it. Knowledge: an online service is liable only after receiving a compliant notice or court order (or wilfully avoiding one); others need actual knowledge or wilful avoidance. Exclusions: bona fide news or sports broadcasts, documentary or biographical depiction (not if it falsely suggests authenticity, and not for synchronised music recordings except where First Amendment protected), commentary, criticism, scholarship, satire or parody, fleeting or negligible use, and related advertisements; none apply to sexually explicit conduct. Safe harbour: an online service must have a repeat-violator policy, remove material on notice, take down matching digital fingerprints uploaded afterwards, notify the right holder and uploader, and register a designated agent. Damages: per work $5,000 for an individual and $25,000 for an entity that is not an online service or for an online service that tried in good faith to comply; without good faith, $5,000 per display or copy up to $750,000 per work. Limitations: summary of introduced text, not legal advice; Tennessee's ELVIS Act and Illinois law are separate statutes already or newly noted. Version/date: GPO text of H.R. 2794 IH.","locator":"Sec. 2(c)(2)(A); Sec. 2(c)(5)(B); Sec. 2(d)(1)(B)(ii)(II); Sec. 2(e) damages","classification":"sourced_fact"}],"review":"unreviewed","execution":"not_run","inspection":"source_inspected","execution_record_ids":[]},"language":"en","categories":["T13","T20"],"extensions":{"curation/v1":{"curator":"CURATOR-A-20261021","revision":2,"topic_ids":["CAT:T16.04","CAT:T06.AIC.09"],"confidence":"Introduced text only; dollar amounts and exclusions may have changed.","limitations":["Introduced text only; dollar amounts and exclusions may have changed.","Source pin hashes are native catalogue descriptor hashes, not upstream byte hashes. 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