A new legislative measure, the NO FAKES Act, has been introduced by Senators Chris Coons, Marsha Blackburn, Amy Klobuchar, and Thom Tillis, aiming to safeguard artists from unauthorized use of their likenesses through generative AI technologies. This bill, introduced after nearly a year of discussions, addresses the growing concern over digital replicas created without consent.
The NO FAKES Act seeks to hold individuals and entities accountable for producing or distributing AI-generated content that features an artist’s likeness or voice without their approval. Online platforms would be mandated to remove such content upon notification from the rights holder, with potential legal consequences for those responsible for creating or disseminating the unauthorized material.
Designed to establish a national standard, the Act aims to preempt state-specific regulations. It highlights various examples, including an AI-generated ad featuring Tom Hanks, the fake Drake and The Weeknd song “Heart on My Sleeve,” and an AI video of a school principal making racist statements, as instances of content that could trigger legal action under the bill.
Senator Chris Coons emphasized the importance of protecting individuals’ rights, stating, “Everyone deserves the right to own and protect their voice and likeness, no matter if you’re Taylor Swift or anyone else. 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.”
The introduction of the NO FAKES Act follows high-profile cases such as Scarlett Johansson’s dispute with OpenAI. Johansson had accused OpenAI of replicating her voice for ChatGPT 4.0 without her consent, leading her to seek legal recourse before the issue was addressed.
The bill has garnered significant support from various organizations, including SAG-AFTRA, the Recording Industry Association of America (RIAA), the Recording Academy, and major industry players like The Walt Disney Company, Warner Music Group, Universal Music Group, Sony Music, and notably, OpenAI itself. This broad endorsement underscores the importance of addressing the challenges posed by deepfake technology and ensuring the protection of artists’ rights in the digital age.
