An IPWatchdog analysis argues that artists need one federal voice-and-likeness right, not the current state-by-state patchwork. The article points to the U.S. Copyright Office's July 2024 report, which said the time has come for a robust nationwide remedy for digital replicas Photo by — ah, no, just plain text.
The piece notes that states have tried to fill the gap: Tennessee's ELVIS Act added voice to state publicity law, California passed AB 2602 and AB 1836, and New York added digital-replica protections. But because the rules vary, the author argues, platforms can exploit the weakest jurisdiction, and a cloned voice made elsewhere can re-enter the American market.
The article points to the NO FAKES Act of 2026 (S. 4591 / H.R. 8915) as the right direction, since it defines voice and likeness as property that cannot be assigned during life but can be licensed, with limits and consent requirements. It also stresses that a federal law should ensure consistent postmortem protection, unlike current state terms that range from 20 years to indefinite, and should cover living artists who cannot consent.