Proposed Federal Bills Aim to Curb Unauthorized Replication

A bipartisan Congressional group has reintroduced the NO FAKES Act, a bicameral bill that aims to protect creative rights by safeguarding artist voices and likenesses from unauthorized use by AI and other digital replication. The announcement culminated the Recording Academy’s Grammys on the Hill Advocacy Day with a Wednesday press conference led by Senators Marsha Blackburn (R-Tennessee) and Chris Coons (D-Delaware) and Representatives Madeleine Dean (D-Pennsylvania) and Maria Salazar (R-Florida). Simultaneously, the TAKE IT DOWN Act — which aims to tackle unauthorized images of people — moved with Senate support to near approval in the House.

Also participating at the press event for NO FAKES — which stands for “Nurture Originals, Foster Art, and Keep Entertainment Safe” — were representatives from Google, the MPA, RIAA, SAG-AFTRA, YouTube and the Human Artistry Campaign.

Commemorating the start of a renewed fight, Recording Academy CEO Harvey Mason Jr. said the NO FAKES Act “underscores our members’ commitment to advocating for the music community, and as we enter a new era of technology, we must create guardrails around AI and ensure it enhances — not replaces — human creativity,” according to reporting by Variety, which says the Recording Academy “has worked to protect creators in the age of AI since before the launch of ChatGPT.”

The NO FAKES Act would “ensure creators’ likenesses are not used without their consent” and “give music-makers control over their own digital personas and hold individuals, companies and platforms accountable for the unauthorized use of a creator’s voice or likeness,” Variety writes.

In a blog post, YouTube expressed support of the measure, saying it “tackles the growing problem of harm associated with unauthorized digital replicas: AI-generated content simulating a person’s image or voice that can be used to mislead or misrepresent.”

Meanwhile, chairman of the House Committee on Energy and Commerce Brett Guthrie (R-Kentucky) and First Lady Melania Trump celebrated committee passage of the TAKE IT DOWN Act in a press release. The name stands for “Tools to Address Known Exploitation by Immobilizing Technological Deepfakes on Websites and Networks.”

Ars Technica explains that the TAKE IT DOWN bill proposes to outlaw “nonconsensual intimate visual depictions” of people, “including both authentic photos shared without consent and forgeries produced by artificial intelligence or other technological means.”

Violations against adults could be punished by a fine and up to two years of prison, while those involving minors could result in a fine and up to three years in prison, according to Ars Technica, which reports “online platforms would have 48 hours to remove such images after ‘receiving a valid removal request.’”

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