The NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe) is the most significant US federal legislation on AI-generated likenesses since modern image-rights law was established in the 1970s. Although it's a US statute, its effects reach UK actors, models, and anyone whose face or voice could appear in productions that distribute to the US — which in practice means almost all major UK-shot content. This guide explains what the Act does, how it applies to UK talent, and what practical steps to take.
What the NO FAKES Act actually does
The Act creates a federal property right in an individual's voice and visual likeness, making unauthorised AI-generated digital replicas of real people legally actionable in US federal courts. Key provisions:
Federal "digital replica right." The Act establishes a uniform federal right of publicity over your face and voice when used to create AI-generated digital replicas. This pre-empts the patchwork of state laws and creates one national standard.
Statutory damages for unauthorised use. Plaintiffs can claim statutory damages without proving actual financial harm — making enforcement viable for individuals, not just well-funded agencies.
Liability for distribution platforms. Platforms that distribute unauthorised digital replicas can be liable, subject to a notice-and-takedown safe harbour modelled on the DMCA.
Consent requirements. AI-generated digital replicas of real people require specific, documented consent — not buried boilerplate in standard contracts.
Exclusions for protected speech. News, commentary, satire, parody, and educational content have specific protections. The Act is structured to avoid suppressing legitimate journalism and creative speech about real people.
The Act passed in early 2026 and is now in effect.
Why this matters to UK actors
The NO FAKES Act is US law, but its practical reach extends well beyond US borders for three reasons:
Distribution. Most major UK-shot content distributes to the US. Any production planning US distribution must comply with the Act's consent requirements for AI-generated likenesses, regardless of where it was produced.
Co-production. The bulk of UK high-end TV and film co-produces with US studios or streaming services. US studio counsel applies US-compliant standards to their co-productions globally.
Industry standardisation. Once US production legal standards shift, the same standards spread to international productions through agency network and industry contracts. The 2025 SAG-AFTRA Commercials Contract — which has its own Digital Replica Rider — has already standardised consent practices across UK commercial work.
Practical effect: UK actors signing contracts in 2026 are now seeing AI-replication clauses written to NO FAKES Act standards as default. Old-style "all media in perpetuity" buyouts that don't specifically address AI likeness use are now legally fragile.
What the Act requires for AI-generated likenesses
For a production to legally use an AI-generated likeness of a real person, the Act requires:
- Specific consent from the person depicted — buried boilerplate is insufficient; consent must be conspicuous and specific
- Reasonably specific description of the intended use — territory, term, media, content categories
- Rejection of certain categories without specific separate consent — sexually explicit content, false statements of fact, criminal acts, false endorsements
- Identification as AI-generated — labelling for content where the AI generation could mislead audiences
For UK actors, the practical application is:
- Old-style talent contracts that don't specifically mention AI likeness use are now risky for productions to rely on
- New contracts being signed in 2026 include explicit AI-replication clauses
- Productions are increasingly using licensed digital twin platforms (where consent is documented per-use) rather than relying on contractual buyout language
We cover how to license your face as a structured way to manage these consent requirements.
What's not protected
The Act has specific carve-outs for protected speech:
- News reporting about real people, including AI-generated illustrations or reconstructions, when clearly labelled
- Commentary, criticism, and satire under traditional First Amendment standards
- Documentary use within reasonable scope
- Educational content and historical depiction
- Fictional characters that incidentally resemble real people but aren't intended as that person
This means the Act doesn't suppress journalism, satire, or legitimate creative speech. Its target is unauthorised commercial replication and impersonation, not freedom of expression.
How this interacts with other laws
The NO FAKES Act sits alongside other relevant laws in 2026:
California AB 2602 / Labor Code §927 invalidates contracts for digital replicas that lack reasonably specific descriptions of intended uses. Effective in 2025; applies to California-domiciled productions, which is most major US studio work.
EU AI Act deepfake provisions become enforceable on 2 August 2026, requiring AI-generated human likenesses in EU-distributed content to be clearly labelled and have documented consent.
UK GDPR and Online Safety Act 2023 provide UK-specific protections, though the UK doesn't yet have NO FAKES-equivalent legislation. UK Equity has been actively lobbying for similar UK-specific protections.
SAG-AFTRA 2025 Commercials Contract with its Digital Replica Rider operationalises NO FAKES standards in US union contracts.
The combined effect is a regulatory framework where AI-generated human likenesses now require documented, specific consent across major Western markets.
Practical steps for UK actors in 2026
1. Audit your existing contracts. If you've signed talent agreements before 2025, check whether they include AI-replication clauses. If they don't, the AI-use rights under those old contracts are now legally fragile under NO FAKES standards. New use of your likeness requires new consent.
2. Negotiate AI-specific clauses on every new contract. Don't sign blanket "all media now known or hereafter devised" language without specifically addressing AI replication. Equity and your agent should be able to provide standard clause language.
3. Register on legitimate licensing platforms. Platforms like Twinnin operate within the NO FAKES Act framework — your registration creates an auditable consent trail and per-use approval flow that's compliant with current law.
4. Set categorical exclusions. Use the Act's framework to specify what you'll never consent to (political, adult, alcohol, specific competitor brands). These exclusions create a clear baseline.
5. Document any unauthorised use. If you discover your likeness has been used in AI-generated content without consent, document it immediately — screenshots, URLs, timestamps. Your agent and a media lawyer can advise on enforcement options.
Frequently asked questions
Does the NO FAKES Act apply if I'm a UK actor working only in the UK?
The Act itself is US federal law. But its effects reach UK actors through US-distribution requirements and US studio standards applied to UK co-productions. In practice, most UK actors working with major productions in 2026 are operating under NO FAKES-equivalent standards.
Can I sue under the NO FAKES Act if my face is used in unauthorised AI content?
If you're a US person or the unauthorised use is in US distribution, yes. Statutory damages are available without needing to prove specific financial harm. UK actors with US distribution exposure typically have standing.
Is the NO FAKES Act the same as the EU AI Act?
No. They're separate regulatory regimes covering similar territory. The NO FAKES Act creates an individual right of action; the EU AI Act creates platform-level transparency and labelling requirements. Together they create comparable protections in the US and EU markets.
What about UK-specific legislation?
The UK doesn't yet have NO FAKES-equivalent specific legislation. UK protections are derived from GDPR, the Online Safety Act 2023, and tort-of-passing-off case law. UK Equity has been actively lobbying for UK-specific AI likeness legislation.
Does my agent need to know about the NO FAKES Act?
Yes. Reputable UK agents in 2026 are negotiating AI-replication clauses on every contract by default. If your agent isn't familiar with NO FAKES Act standards or the EU AI Act, raise it explicitly — these are now baseline contract issues, not exotic specialist concerns.
Should I trust productions that say their AI use is "covered by my existing contract"?
Be cautious. Old-style contracts that don't specifically address AI replication are increasingly legally fragile. If a production claims your existing contract covers their new AI use, ask for the specific clause and run it past a media lawyer or your agent before agreeing.
This guide is for general information; it's not legal advice. For specific questions about your contracts or rights, consult a qualified media lawyer. Last updated 3 May 2026.