U.S. Sens. Marsha Blackburn (R-TN) and Thom Tillis (R-NC) on Oct. 12 released a discussion draft of a bipartisan bill that aims to protect the voice and visual likenesses of individuals from being used unfairly through generative artificial intelligence (AI).
The Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, which is also supported by U.S. Sen. Chris Coons (D-DE), would prevent a person from producing or distributing an unauthorized AI-generated replica of an individual to perform in an audiovisual or sound recording without the consent of the individual being replicated, according to a one-page summary of the draft provided by the lawmakers.
“Songwriters, actors, and our incredibly talented creative community deserve the right to own their name, image, and likeness (NIL),” Sen. Blackburn said. “This legislation is a good first step in protecting our creative community, preventing AI models from stealing someone’s NIL, and ensuring that those rights are given primary consideration under the law.”
The NO FAKES Act would address the use of non-consensual digital replications in these kinds of audiovisual works or sound recordings. If enacted, the draft of the bill 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 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, the summary says.
“While AI presents extraordinary opportunities for technological advancement, it also poses some new problems, including the voice and likeness of artists being replicated to create unauthorized works,” said Sen. Tillis. “We must protect against such misuse, and I’m proud to co-introduce this draft legislation to create safeguards from AI and protect the authentic work of these artists.”
The summary of the draft bill points to two examples: the song “Heart on My Sleeve,” which was created with AI-generated replicas of the voices of pop stars Drake and The Weeknd that amassed hundreds of thousands of listens on YouTube, Spotify, and other streaming sites before being labeled a fake and removed from the platforms; and an AI-generated version of Tom Hanks that was used in ads for a dental plan that the actor never appeared in or endorsed.
“Creators around the nation are calling on Congress to lay out clear policies regulating the use and impact of generative AI, and Congress must strike the right balance to defend individual rights, abide by the First Amendment, and foster AI innovation and creativity,” said Sen. Coons.