A group of senators has introduced a new bill designed to protect individuals from having their likeness replicated through generative AI. Called the NO FAKES Act, the bill has been formally introduced by Senators Chris Coons, Marsha Blackburn, Amy Klobuchar and Thom Tillis after nearly a year of discussions.
The NO Fakes Act would hold individuals responsible for producing or distributing digital replicas of an artist performing in audio or visual content that the artist “never actually appeared in or otherwise approved,” essentially content generated using AI. Any online service would be required to take down the content upon being informed by the rights holder and individuals and companies could be liable for damages.
The Act is being created to “preempt” state laws and serve as a national standard for AI-generated content. A one-pager on the Act cited an AI-generated ad of Tom Hanks endorsing a dental plan, the fake Drake and The Weeknd song “Heart on My Sleeve” and an AI video of a school principal making a racist statement as examples of content that could see its creators and distributors responsible for damages.
“Everyone deserves the right to own and protect their voice and likeness, no matter if you’re Taylor Swift or anyone else,” Senator Coons said. “Generative AI can be used as a tool to foster creativity, but that can’t come at the expense of the unauthorized exploitation of anyone’s voice or likeness.”
In May, Scarlet Johansson drew attention to the issue after she accused OpenAI of replicating her voice for ChatGPT 4.0 after she turned down a deal to voice the bot herself. She said that she was forced to hire legal counsel and only then did OpenAI “reluctantly” agree to take down the voice.
The NO FAKES Act is already endorsed by SAG-AFTRA, the Recording Industry Association of America (RIAA), the Recording Academy, OpenAI, The Walt Disney Company, Warner Music Group, Universal Music Group, Sony Music and more. The bill is also, interestingly, being endorsed by OpenAI.
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