The No Fakes Act and the Video Game Industry: What Developers Need to Know (via Passle)

June 16, 2026 - 16:10

Congress is advancing a bill aimed at protecting actors and performers from unauthorized AI-generated replicas, but the video game industry is raising alarms about how the law could backfire. The No Fakes Act, which is gaining bipartisan support, would create a federal right to control one's own voice and visual likeness. While the goal is to stop deepfakes and digital impersonation, developers say the current language is too broad and could cripple common production practices.

The core issue lies in how the bill defines a "digital replica." Game studios routinely use motion capture, voice acting, and performance data to create characters. Under the proposed law, any use of that data after a contract ends could require a new negotiation, even if the work was already paid for. This could freeze the development of sequels, remasters, or downloadable content that relies on existing recordings.

Smaller studios are especially worried. They often cannot afford to renegotiate with every actor for a patch or an update. The bill also threatens modding communities and archival projects, where old game assets are preserved or restored. Without clear exemptions for fair use or transformative work, a simple bug fix that touches a voice line could become a legal minefield.

Industry trade groups are lobbying for amendments. They want a carve-out for contracts that already grant rights to use performance data, and they want to ensure that the law does not apply retroactively to games already in development. The clock is ticking. With hearings scheduled for next month, developers are being urged to speak up before the language is locked in. If the bill passes as written, the cost of making games could rise sharply, and some classic titles might never see a re-release.