Senate Legislation Would Outlaw Unauthorized AI-Generated Likenesses; SAG-AFTRA Lauds “No Fakes Act”
Four U.S. senators today announced a discussion draft bill aimed at protecting actors, singers and others from having their voice and likeness generated by artificial intelligence. The bipartisan Nurture Originals, Foster Art, and Keep Entertainment Safe Act, or NO FAKES Act (read it here), would hold people, companies and platforms liable for producing or hosting such digital replicas.
SAG-AFTRA applauded the announcement today, with President Fran Drescher saying: “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.”
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The NO FAKES Act would prevent a person from producing or distributing an unauthorized AI-generated replica of an individual to perform in an audiovisual or sound recording without the consent of the individual being replicated. The person creating or sharing the unauthorized replication would be liable for the damages caused by the AI-generated fake. Exclusions are provided for the representation of an individual in works that are protected by the First Amendment, such as sports broadcasts, documentaries, biographical works, or for purposes of comment, criticism, or parody, among others.
The discussion draft includes a number of exclusions, including for news, documentaries and docudramas, as well as historical or biographical works. It also does not apply to the use of likenesses for comment and criticism, “scholarship satire or parody.”
The need to obtain a license also will apply to deceased individual, with the rights exclusive to the executors or heir for 70 years after that person’s death.
Here is the moment when SAG-AFTRA picketers in New York were told about the NO FAKES Act:
The bill is sponsored by Sens. Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN) and Thom Tillis (R-NC). It offers historic federal IP protections against the misappropriation of voice and likeness performance in sound recordings and audiovisual works. It also prohibits the unauthorized use of digital replicas without the informed consent of the individuals being replicated.
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.”
Senate Majority Leader Chuck Schumer recently convened tech CEOs and others for a daylong “insight forum” discussion on AI. MPA’s chairman, Charles Rivkin, said that the industry was willing to discuss legislation that “seeks to address the downside risks without stifling innovation or compromising on our longstanding democratic ideals — most of all the First Amendment, which our iconic industry depends upon.”
The studios have previously cautioned about changing copyright law in response to new AI technology. The Motion Picture Association has argued that the fair use defense was “sufficiently robust to determine which uses are fair and which are not.”
The 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,” the MPA said in a statement. “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.”
Added Blackburn: “Songwriters, actors and our incredibly talented creative community deserve the right to own their name, image, and likeness. This legislation is a good first step in protecting our creative community, preventing AI models from stealing someone’s NIL, and ensuring that those rights are given primary consideration under the law.”
SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland said today: “The explosion in popularity and capability of generative artificial intelligence has flooded the internet with AI-created songs, videos band voice recordings which exploit the voices and likenesses of our members without consent or compensation. For our members, their voice and likeness is their livelihood. They spend a lifetime improving their talent and building their value. It is outrageous to think someone can undermine that value with a few prompts and clicks on a keyboard.”
The Recording Industry Association of America also issued a statement on the NO FAKES Act today.
“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. “We applaud Senators Coons, Blackburn, Tillis, and Klobuchar for recognizing that unauthorized uses of one’s name, image, likeness, and voice are a clear threat to artists, songwriters, performers, authors, journalists, photographers, and the entire creative community. We look forward to engaging in a robust bipartisan process with a strong bill that effectively protects against this illegal and immoral misappropriation of fundamental rights that protect human achievement.”
Ted Johnson contributed to this report.
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