A bipartisan group of U.S. Senators has introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, a proposed bill aimed at banning unauthorized artificial intelligence (AI)-powered replicas of people’s voices and images. This legislation seeks to address growing concerns surrounding the use of AI technology to recreate individuals without their permission, whether they are living or deceased.
Under the NO FAKES Act, both entities and individuals responsible for creating unauthorized AI replicas, as well as platforms that knowingly host these AI copycats, would be held liable for damages. Penalties for violations would begin at $5,000 per incident. However, the bill does provide exceptions for certain authorized uses protected by the First Amendment, such as news reporting, documentaries, or activities related to comment, criticism, scholarship, satire, or parody.
Senator Chris Coons, a Democrat, emphasized the need for clear regulations regarding generative AI, acknowledging the role of Congress in balancing individual rights, First Amendment principles, and fostering innovation and creativity in the field of AI. Senator Marsha Blackburn, a Republican, echoed these sentiments, stating that the bill represents a positive first step in safeguarding the rights of songwriters, actors, and creative professionals in the United States.
This proposed legislation arises amid a significant uptick in AI-generated content, particularly in music. Many songs created with the assistance of AI tools that mimic the styles of various artists have surfaced on streaming platforms like YouTube and SoundCloud. For example, a TikTok user known as “Ghostwriter977” went viral with a track titled “Heart on My Sleeve,” which used AI-generated vocals imitating popular artists Drake and The Weeknd. This surge in AI-generated content has raised questions about intellectual property rights, creative control, and artistic authenticity.
In addition to music, AI-generated likenesses have been at the center of disputes in the entertainment industry. Hollywood actors, represented by the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) union, have been advocating for greater protection against the potential replacement of performers by AI replicas. Talks between the actors’ union and the Alliance of Motion Picture and Television Producers (AMPTP) recently broke down, with AI usage cited as one of the contentious issues.
The Writer’s Guild of America (WGA) had a more favorable outcome in its negotiations with the AMPTP, ending a nearly five-month strike after reaching an agreement that included provisions regarding AI usage in writer’s rooms, as well as improved compensation and contract terms. These developments underline the growing importance of addressing AI-related concerns in various creative industries and the need for a comprehensive legal framework to protect artists’ rights and artistic integrity.
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