NO FAKES ACT – Proposed New U.S. Law To Go After Deep Fake Producers & Creators
A Proposed New Law that can have a Significant Impact of Deep Fake Scams and Impersonations
Primary Category: Government / Regulatory
Author:
• SCARS Editorial Team – Society of Citizens Against Relationship Scams Inc.
About This Article
The NO FAKES Act, introduced in July 2024 by Senators Coons, Blackburn, Klobuchar, and Tillis, aims to protect individuals’ voices and likenesses from unauthorized AI-generated replicas.
The bill has positive aspects, such as safeguarding personal rights, holding creators and platforms accountable, creating a uniform national standard, and considering First Amendment protections.
However, it also faces challenges, including potential overreach, enforcement difficulties, impact on smaller entities, and broader implications for Section 230 of the Communications Decency Act.
The bipartisan support highlights its importance, though careful implementation is necessary to balance creativity and personal rights.
Senators Coons, Blackburn, Klobuchar, Tillis Introduce a U.S. Congressional Bill to Protect Individuals’ Voices and Likenesses from AI-Generated Replicas
The formal NO FAKES Act bill introduction follows the October 2023 introduction of the discussion draft
On July 31, 2024 U.S. Senators Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.) introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024, known as the NO FAKES Act, to protect the voice and visual likenesses of creators and individuals from the proliferation of digital replicas created without their consent. The introduction of the bill follows the October 2023 release of a discussion draft, an April 2024 Judiciary Subcommittee on Intellectual Property hearing, and extensive conversations with key stakeholders – all intended to improve and strengthen the bill.
The NO FAKES Act would hold individuals or companies liable for damages for producing, hosting, or sharing a digital replica of an individual performing in an audiovisual work, image, or sound recording that the individual never actually appeared in or otherwise approved – including digital replicas created by generative artificial intelligence (AI). An online service hosting the unauthorized replica would have to take down the replica upon notice from a right holder. Exclusions are provided for recognized First Amendment protections, such as documentaries and biographical works, or for purposes of comment, criticism, or parody, among others. The bill would also largely preempt state laws addressing digital replicas to create a workable national standard.
“Everyone deserves the right to own and protect their voice and likeness, no matter if you’re Taylor Swift or anyone else,” said Senator Coons. “Generative AI can be used as a tool to foster creativity, but that can’t come at the expense of the unauthorized exploitation of anyone’s voice or likeness. I am grateful for the bipartisan partnership of Senators Blackburn, Klobuchar, and Tillis and the support of stakeholders from across the entertainment and technology industries as we work to find the balance between the promise of AI and protecting the inherent dignity we all have in our own personhood. I am excited to watch this bill build support on Capitol Hill and beyond, and will work to pass it into law as soon as possible.”
“Tennessee is known around the world for its rich music history and is home to an incredibly talented creative community,” said Senator Blackburn. “Artists’ rights to their voice, image, and likeness must be protected under the law, and the NO FAKES Act is an important first step in protecting our creative community against the misuse of generative AI.”
“Americans from all walks of life are increasingly seeing AI being used to create deepfakes in ads, images, music, and videos without their consent,” said Senator Klobuchar. “We need our laws to be as sophisticated as this quickly advancing technology. The bipartisan NO FAKES Act will establish rules of the road to protect people from having their voice and likeness replicated through AI without their permission.”
“While AI presents extraordinary opportunities for technological advancement, it also poses some new problems, including the unauthorized replication of the voice and visual likeness of individuals, such as artists,” said Senator Tillis. “We must protect against such misuse, and I’m proud to co-introduce this bipartisan legislation to create safeguards from AI, which will result in greater protections for individuals and that which defines them.”
Summary of the NO FAKES Act
NURTURE ORIGINALS, FOSTER ART, AND KEEP ENTERTAINMENT SAFE (NO FAKES) ACT
Senators Chris Coons, Marsha Blackburn, Amy Klobuchar, Thom Tillis
The Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act of 2024 is a bipartisan bill that would protect the voice and visual likeness of all individuals from unauthorized computer-generated recreations from generative artificial intelligence (AI) and other technologies.
Generative AI has opened new worlds of creative opportunities, providing tools that encourage millions of people to explore their own artistic potential. Along with these creative benefits, however, these tools can allow users to exploit another person’s voice or visual likeness by creating highly realistic digital replicas without permission.
In one high profile example, the song “Heart on My Sleeve,” which was created with AI-generated replicas of the voices of pop stars Drake and The Weeknd, quickly accumulated hundreds of thousands of listens on YouTube, Spotify, and other streaming sites before it was identified as a fake and removed from the platforms. Last October, an AI-generated version of Tom Hanks was used in advertisements for a dental plan that he never appeared in or otherwise endorsed.
More recently, in April, a principal at a Baltimore, Maryland high school was framed as a racist by an AI-generated recording of his voice.
The NO FAKES Act would address the use of non-consensual digital replications in these kinds of audiovisual works, images, or sound recordings.
The legislation would:
- Hold individuals or companies liable if they produce an unauthorized digital replica of an individual in a performance;
- Hold platforms liable for hosting an unauthorized digital replica if the platform has actual knowledge of the fact that the replica was not authorized by the individual depicted;
- Exclude certain digital replicas from coverage based on recognized First Amendment protections; and
- Largely preempt State laws addressing digital replicas to create a workable national standard.
The NO FAKES Act balances the need to protect individuals and creators, First Amendment considerations, and fostering U.S. leadership and innovation in AI.
Support for the NO FAKES Act
This bill is endorsed by the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), the Recording Industry Association of America, the Motion Picture Association, the Recording Academy, OpenAI, IBM, The Walt Disney Company, Warner Music Group, Universal Music Group, Sony Music, the Independent Film & Television Alliance, William Morris Endeavor, Creative Arts Agency, the Authors Guild, and Vermillio. The Human Artistry Campaign has also gathered support for the bill from across the creative community.
Supporting the NO FAKES Act:
SAG-AFTRA
“With AI technology becoming increasingly powerful, I’m thrilled to see this important legislation to protect human beings from abuses, exploitation, and fraud,” said Fran Drescher, President, SAG-AFTRA. “For SAG-AFTRA members, the NO FAKES Act is especially important since our livelihoods are intrinsically linked with our likenesses. Thank you, Senators Blackburn, Coons, Klobuchar, and Tillis, for making people the priority in the AI age!”
“If left unregulated, AI technology poses an existential threat not only to SAG-AFTRA’s members, but to civil discourse, student health and welfare, and democracy and national security,” said Duncan Crabtree-Ireland, National Executive Director and Chief Negotiator, SAG-AFTRA. “For these reasons, I applaud Senators Blackburn, Coons, Klobuchar, and Tillis for taking the lead in introducing the NO FAKES Act – an essential piece of legislation that will restore individual rights as this new technology flourishes.”
Recording Industry Association of America
“As the music community embraces pro-artist, human-first uses of AI, the NO FAKES Act represents a huge step forward for smart, effective, guardrails against irresponsible and unethical uses of these technologies,” said Mitch Glazier, Chairman and CEO, Recording Industry Association of America. “By returning to first principles and creating an enforceable new intellectual property right, the legislation lays the foundation for free-market negotiations that will propel both innovation and safety forward in AI, not just for artists but for everyone. The Recording Industry Association of America extends its deepest thanks to Senators Coons, Blackburn, Klobuchar, and Tillis and their teams for their persistent leadership in bringing stakeholders together to support this balanced, thoughtful, forward-looking legislation.”
Motion Picture Association (MPA)
“The Motion Picture Association thanks Senators Coons, Blackburn, Klobuchar, and Tillis for their work on the NO FAKES Act,” said Charles Rivkin, Chairman and CEO, Motion Picture Association (MPA). “We support protecting performers from generative AI abuse – and this bill thoughtfully establishes federal protections against harmful uses of digital replicas, while respecting First Amendment rights and creative freedoms. We particularly appreciate the sponsors’ inclusion of safeguards intended to prevent the chilling of constitutionally protected speech such as biopics, docudramas, parody and satire – which will be necessary for any new law to be durable. The MPA looks forward to working closely with the bill’s sponsors as the NO FAKES Act makes its way into law.”
Recording Academy
“The Recording Academy thanks Senators Coons, Blackburn, Klobuchar, and Tillis for their unwavering leadership in protecting artists, creators, and all individuals,” said Harvey Mason Jr., CEO, Recording Academy. “The NO FAKES Act is a major step forward in our fight to ensure that AI is used ethically and equitably to enhance creativity, not to exploit or replace it. This legislation will provide needed certainty and clarity to all stakeholders, and we urge the Senate to act quickly to pass it.”
OpenAI
“OpenAI is pleased to support the NO FAKES Act, which would protect creators and artists from unauthorized digital replicas of their voices and likenesses,” said Anna Makanju, Vice President of Global Affairs, OpenAI. “Creators and artists should be protected from improper impersonation, and thoughtful legislation at the federal level can make a difference. We appreciate the leadership of Senators Coons, Blackburn, Klobuchar, and Tillis and look forward to further collaboration on this legislation as it advances through Congress.”
IBM
“Nearly every sector in the United States is now utilizing AI, and with these rapid advancements, we must acknowledge the increased importance of safeguarding creators and individuals from potential risks associated with certain AI applications,” said Christina Montgomery, Chief Privacy and Trust Officer, IBM. “IBM is proud to support the NO FAKES Act of 2024 because it specifically focuses on the interests of individuals whose images, voices, or likenesses may be replicated without their consent, including by AI systems. We welcome this bipartisan legislation aimed at protecting these interests and thank Senators Coons, Blackburn, Klobuchar, and Tillis for their leadership on this important legislation.”
The Walt Disney Company
“Disney is pleased to support the NO FAKES Act, as introduced, which ensures important and meaningful protections for individuals against misuse of their image and voice through new AI technologies while maintaining critical speech protections for storytelling that are rooted in the First Amendment,” said The Walt Disney Company.
Warner Music Group
“I am honored to have testified about the urgent need for deep fake legislation at the Senate Judiciary Committee’s April 30 hearing, and I’m grateful to Senators Coons, Blackburn, Klobuchar, and Tillis for their thoughtful crafting of the NO FAKES Act,” said Robert Kyncl, CEO, Warner Music Group. “Warner Music Group has always embraced new ways to bring technology and music together and recognizes the extraordinary promise of AI with commonsense guardrails to protect creators, innovators, and consumers. The NO FAKES Act strikes the right balance to propel the next wave of technology-powered creativity while safeguarding every American’s right to control the use of their own image and voice in the age of AI.”
Universal Music Group
“The NO FAKES Act is landmark legislation to help foster ‘responsible AI,’ under which generative AI can fulfill its potential ethically, while cracking down on deepfakes and other misuses of individuals’ rights over their own voice and visual likeness,” said Universal Music Group. “Success requires legislative guardrails like this to prevent AI companies from exploiting content without prior authorization. With this bill, Chairman Coons, Ranking Member Tillis, Senator Blackburn, and Senator Klobuchar recognize the importance of this issue to creators – and all Americans. We look forward to working together to achieving this mutually beneficial outcome.”
Sony Music
“Sony Music applauds Senators Coons, Blackburn, Klobuchar, and Tillis for this bipartisan effort to address the growing problem of AI deepfakes,” said Sony Music. “The No FAKES Act recognizes that a human artist’s voice and image is the lifeblood of their career and worthy of the strongest protections. By creating a new federal right, this legislation will provide a meaningful new tool to put artists back in control of their identity and creative expression. Sony Music thanks the senators for their leadership in promoting the ethical use of this technology, and looks forward to working with them toward passage of this critical legislation.”
Independent Film & Television Alliance
“The Independent Film & Television Alliance is pleased to support the NO FAKES Act, which will create a uniform federal approach to address unauthorized use of an individual’s likeness or voice,” said Jean Prewitt, President and CEO, Independent Film & Television Alliance. “The legislation also includes key First Amendment protections to not chill constitutionally protected speech and an important preemption provision. We appreciate Senators Coons and Blackburn’s leadership on this legislation, along with additional Senate sponsors, Senators Klobuchar and Tillis.”
William Morris Endeavor
“We view technology as a complement, not a substitute, for human artistry,” said Christian Muirhead, Co-Chairman, William Morris Endeavor. “Guardrails must be put into place that ensure continued innovation while protecting our clients’ name, image, likeness, and voice. We thank Senators Coons, Blackburn, Tillis, and Klobuchar for recognizing the urgency of this issue, and will continue to work with them to ensure all artists and our clients remain at the center of this vital legislation.”
Creative Artists Agency
“Our fundamental belief is that every person should be in control of the use of their name, image, likeness, voice, and body of work,” said Bryan Lourd, CEO and Co-Chairman, Creative Artists Agency. “We applaud Senators Coons, Blackburn, Klobuchar, and Tillis for creating this legislation, which is an important step in protecting artists and their IP rights from misuse.”
Authors Guild
“The Authors Guild thanks Senators Chris Coons, Marsha Blackburn, Thom Tillis, and Amy Klobuchar for introducing the NO FAKES Act,” said Mary Rasenberger, CEO, Authors Guild. “It marks a significant step in protecting creators’ rights to their own persona. By prohibiting the unauthorized use of AI-generated replicas in audiovisual and sound recordings and establishing clear legal guidelines and liability for misuse, this bill helps safeguard creators from unauthorized and unpaid uses of their images and voices.”
Vermillio
“The NO FAKES Act is an admirable first step in laying the groundwork to protect talent and the largest IP holders while still allowing for innovation,” said Dan Neely, Co-Founder and CEO, Vermillio. “Deepfakes are the tip of the iceberg, and talent and entertainment companies must properly protect themselves. We look forward to continuing our work with Senators Coons, Blackburn, Tillis, and Klobuchar, who understand the importance of using innovative technologies to address potential gaps that allow scammers, tech platforms, and internet opportunists to create unauthorized AI.”
The Need for the NO FAKES Act
With the rapid advance of generative AI, artists and creators have already begun to see their voices and likenesses used without their consent in videos and songs created as nearly indistinguishable replicas. In one high-profile example, AI-generated replicas of the voices of pop stars Drake and The Weeknd were used to produce a viral song titled “Heart on My Sleeve,” generating hundreds of thousands of listens on YouTube, Spotify, and other streaming platforms before it was flagged as a fake and removed from the platforms. But the harmful effects of unauthorized AI-generated go far beyond celebrities. For example, in Maryland, a Baltimore high school athletic director was arrested and charged after using AI to create a deepfake voice recording of the school’s principal that included racist and derogatory comments about students and staff – statements the principal never actually made.
The bill’s introduction was met with a broad outpouring of support from the creative community. You can find a press release from the Human Artistry Campaign here that features dozens of supportive quotes from creative community unions, agencies, and organizations.
Senator Coons serves as Chair of the Senate Judiciary Committee’s Intellectual Property Subcommittee and has long advocated for protecting U.S. intellectual property rights and cementing the United States’ role as the global innovation leader. Senator Coons has held a series of hearings focused on the intersection of AI and intellectual property law, and he is a leading advocate for American leadership on AI policies in the Senate.
NO FAKES Act
The text of the bill is available here
SCARS Institute Analysis
The NO FAKES Act, introduced on July 31, 2024, by Senators Chris Coons, Marsha Blackburn, Amy Klobuchar, and Thom Tillis, aims to protect individuals’ voices and likenesses from unauthorized AI-generated replicas. Here is an analysis of its positive and negative aspects:
Positive Aspects:
Protection of Personal Rights: The bill safeguards the personal rights of individuals, ensuring that their voices and likenesses cannot be exploited without consent. This is particularly important for public figures whose images are frequently targeted by unauthorized AI reproductions (Senator Coons).
Liability for Unauthorized Use: It holds creators and platforms accountable for unauthorized digital replicas, which can help deter misuse and provide a legal avenue for recourse (Digital Music News).
National Standard: By largely preempting state laws, the act aims to create a uniform national standard, simplifying the legal landscape for protecting digital likenesses (Senator Coons).
First Amendment Considerations: The bill includes exclusions for uses protected by the First Amendment, such as news, documentaries, and parodies, balancing protection with freedom of expression (Senator Coons) (Digital Music News).
Deep Fake Scams: Can have a profound impact on the appearance of Deep Fakes used in impersonation & relationship scams and require platforms to act to remove them
Negative Aspects:
Potential Overreach: Critics argue that the bill could potentially overreach, stifling innovation and the creative use of AI in some areas (Digital Music News).
Enforcement Challenges: Implementing and enforcing the law could be complex, especially in determining what constitutes an “unauthorized” replica and proving knowledge of such unauthorized use by platforms (Senator Coons).
Impact on Smaller Entities: The bill might disproportionately affect smaller companies and creators who rely on generative AI for their projects, creating barriers due to legal and compliance costs (Senator Coons).
Section 230 Implications: Modifying Section 230 of the Communications Decency Act could lead to broader implications for online content moderation and the liability of online platforms beyond just AI-generated content (Senator Coons).
Overall, the NO FAKES Act represents a significant step toward protecting individuals’ rights in the age of AI, but it must navigate the challenges of enforcement and potential unintended consequences carefully. The bipartisan support underscores the bill’s importance, yet it calls for a balanced approach to ensure it fosters creativity while safeguarding personal rights.
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