A proposed bill nicknamed the No Fakes Act (Nurture Originals, Foster Art, and Keep Entertainment Safe) seeks to recording artists and performers in all fields of entertainment from unauthorized use of their voices and likenesses.
The bill states the problem like this:
“Generative AI has opened new worlds of creative opportunities, providing tools that encourage millions of people to explore their own artistic potential. Along with these creative benefits, however, these tools can allow users to exploit another person’s voice or visual likeness by creating nearly indistinguishable digital replicas.”
The bill’s introductory statement cites the famous example of “Heart on My Sleeve, a song which used an AI-generated replica of Drake, one of the most popular and successful global music stars. That fake gained significant traction and listenership on all major streaming platforms before it was uncovered and removed. The bill also cites an unauthorized AI-created voice of Tom Hanks in ads for a dental plan.
If passed, the legislation would accomplish the following points:
- Hold individuals or companies liable if they produce an unauthorized digital
replica of an individual in a performance; - Hold platforms liable for hosting an unauthorized digital replica if the
platform has knowledge of the fact that the replica was not authorized by the - individual depicted; and
- Exclude certain digital replicas from coverage based on recognized First
Amendment protections.
Presently, the bill exists as a “discussion draft,” and the expectation is that the bill’s sponsors will continue to work with stakeholders to get the details right.
The public one-sheet introduction is HERE.
