On Wednesday, U.S. Senators Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.) introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act of 2024. The bipartisan legislation aims to offer legal protections for individuals against unauthorized AI-generated replicas of their voice or likeness.
The NO FAKES Act would create legal recourse for those whose digital representations are made without consent. It would hold individuals and companies liable for producing, hosting, or sharing these unauthorized digital replicas, including those created by generative AI. Generative AI has become increasingly mainstream, making it relatively easy to create media fakes, with highly photorealistic video replicas likely to follow soon.
In a press statement, Coons emphasized, “Everyone deserves the right to own and protect their voice and likeness, no matter if you’re Taylor Swift or anyone else,” referring to a widely publicized deepfake incident involving Taylor Swift in January. He highlighted that generative AI could foster creativity but must not exploit anyone’s likeness or voice without authorization.
The introduction of the NO FAKES Act follows the Senate’s passage of the DEFIANCE Act, which enables victims of sexual deepfakes to sue for damages.
The proposed legislation introduces a “digital replication right,” granting individuals exclusive control over their digital likeness. This right extends ten years after death, with possible five-year extensions if actively used, up to a total of 70 years posthumously. The bill defines a “digital replica” as a computer-generated, highly realistic electronic representation identifiable as a person’s voice or visual likeness.
Recognizing that the act bans certain artistic expressions, it includes provisions to balance IP protection with free speech. Exclusions cover recognized First Amendment protections, such as documentaries, biographical works, and content created for comment, criticism, or parody.
So far, the NO FAKES Act has garnered support from various entertainment industry groups, including Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), the Recording Industry Association of America (RIAA), and the Motion Picture Association. Moreover, several tech companies, including IBM and OpenAI, have endorsed the bill.
Anna Makanju, OpenAI’s vice president of global affairs, noted, “OpenAI is pleased to support the NO FAKES Act, which would protect creators and artists from unauthorized digital replicas of their voices and likenesses.”
Senator Coons highlighted the collaborative nature of the bill’s development: “I am grateful for the bipartisan partnership of Senators Blackburn, Klobuchar, and Tillis and the support of stakeholders from across the entertainment and technology industries as we work to find the balance between the promise of AI and protecting the inherent dignity we all have in our own personhood.”