FIELD GUIDE · LIKENESS, IDENTITY & DIGITAL REPLICAS
Your face can be photocopied now. Your voice too. The law is still figuring out who gets to press copy.
UPDATED 2026-10-12
TL;DR
01
New York law makes certain contract provisions for digital replication unenforceable when they substitute a replica for work the person would have performed and lack sufficient specificity or negotiated protections. Vague permission for future fake performances is now legally suspicious.
02
New York expanded its right-of-publicity framework for deceased personalities and performers to address unauthorized digital replicas. Your face can outlive you. The protection does too.
03
The 2026 NO FAKES proposal would establish rights in an individual's voice and visual likeness for realistic digital replicas. It has advanced in the Senate but is not current federal law. Big enough mess for a bipartisan bill. Still not settled.
04
The FTC reported $2.95 billion in 2024 consumer losses from business and government impersonation scams under its existing impersonation rule. The scam economy was expensive before the fakes got really good.
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Digital identity looks like one object until the lawyers open the box.