WASHINGTON – In case you missed it, U.S. Senators Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.) released a discussion draft of legislation to protect the voice and likeness of creators and individuals from the proliferation of AI-generated replicas without their consent.
See coverage of the discussion draft below:
Los Angeles Times: “The draft legislation — called the Nurture Originals, Foster Art, and Keep Entertainment Safe Act, or NO FAKES — would give both celebrities and ordinary people a legal recourse for the unauthorized AI replication of their likeness, per a discussion draft of the act.”
Rolling Stone: “AI has been a hot-button topic across the music, film, and television industries. Songs featuring voice-cloned vocals of artists like Drake, [T]he Weeknd, and Bad Bunny have gone viral this year — albeit, to the concern of record companies like Universal Music Group, which have called for streaming services to take down music that features their artists’ voices without permission. Still, the industry has looked on with cautious optimism that other AI tools that help generate melodies and beats or mix records could help with the creation process.”
Politico: “Sens. Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.) released a draft of the ‘NO FAKES Act’ this morning, which would establish clearer legal guidelines and liability for the creation of unauthorized digital likenesses, such as this year’s fake Drake single or a Tom Hanks dental ad.”
The Verge: “The Recording Industry Association of America (RIAA), which recently called on the US government to include AI voice cloning websites as part of its list of online piracy markets, said it welcomes the bill. ‘Our industry has long embraced technology and innovation, including AI, but many of the recent generative AI models infringe on rights — essentially instruments of theft rather than constructive tools aiding human creativity,’ the RIAA said in an emailed statement to reporters.”
Gizmodo: “In a statement on the SAG-AFTRA site, President Fran Drescher responded: ‘A performer’s voice and their appearance are all part of their unique essence, and it’s not ok when those are used without their permission. Consent is key, and I’m grateful that Sens. Coons, Blackburn, Klobuchar and Tillis are working to give performers recourse and providing tools to remove harmful material.’”
Deadline: “Coons is Chair of the Senate Judiciary Committee’s Intellectual Property Subcommittee. ‘Creators around the nation are calling on Congress to lay out clear policies regulating the use and impact of generative AI,’ he said, ‘and Congress must strike the right balance to defend individual rights, abide by the First Amendment, and foster AI innovation and creativity.’
“The Motion Picture Association (MPA) also weighed in on the NO FAKES Act: ‘Today, Sens. Coons, Blackburn, Klobuchar, and Tillis released a discussion draft of a bill creating a new federal digital-replica right. We look forward to working with them, their staff, other members of Congress, and other stakeholders to ensure any eventual legislation establishes adequate protections against harmful uses of digital replicas without infringing on the First Amendment rights and creative freedoms upon which our industry depends.’”
Law360: “Coons, who heads the Senate intellectual property subcommittee, said generative AI poses unique challenges that make it easier for artists to have their likeness stolen.
‘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,’Coons said.”
Bloomberg Law: “Companies and users of generative artificial intelligence would be held legally responsible for producing content that replicates the voices, images, and visual likenesses of artists without their consent, according to a bipartisan US Senate proposal announced Thursday.”
Washington Examiner: “A bipartisan group of senators circulated draft legislation that would prevent unauthorized artificial intelligence replicas of personal images or likenesses, a policy that could offer protections to creative workers such as artists and actors.”