The Senate has introduced the NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe) to protect artists — their voices and visual likenesses — from the proliferation of deepfakes and digital replicas created without consent. The bipartisan bill seeks to impose liability for damages to those who violate the proposed new law. If passed, the NO FAKES Act would be the first federal protection from AI image appropriation, supporters say. Those who’ve rallied to the cause include SAG-AFTRA, the Recording Industry Association of America, the Motion Picture Association, Disney and major talent agencies.

“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,” according to an announcement from lead sponsor Chris Coons (D-Delaware) and fellow senators Marsha Blackburn (R-Tennessee), Amy Klobuchar (D-Minnesota) and Thom Tillis (R-North Carolina).

Introduction of the bill comes after a draft was circulated and discussed in October 2023, followed by an April Judiciary Subcommittee on Intellectual Property hearing this year, and what the sponsors call “extensive conversations with key stakeholders” designed to improve the final product.

The MPA represents six major studios, while the RIAA protects the interests of the major record labels. SAG-AFTRA President Fran Drescher exclaimed in a statement reprinted in Variety that “for performers whose livelihoods depend on their likeness and brand, this step forward is a huge win!”

SAG-AFTRA had for years been lobbying for federal likeness protections — something only a few states currently offer. Variety reports that a combination of AI’s groundswell with its generative mimicking abilities and “high-profile controversies involving Taylor Swift, Joe Biden, Scarlett Johansson, and most recently, Kamala Harris,” re-engaged federal interest.

Even OpenAI has emerged as a supporter, according to Engadget, which quotes the AI giant’s VP of Global Affairs Anna Makanju saying, “creators and artists should be protected from improper impersonation, and thoughtful legislation at the federal level can make a difference.”

Warner Music Group CEO Robert Kyncl explained in Music Business Worldwide that “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,” underscoring the fact that the bill is designed to protect all creators, even those who are not famous.

Simultaneously, the U.S. Copyright Office has issued a report calling for a federal law addressing the “speed, precision, and scale of AI-created digital replicas,” FedScoop reports.

Related:
Senators Propose ‘Digital Replication Right’ for Likeness, Extending 70 Years After Death, Ars Technica, 8/1/24