On July 31, 2024, the Nurture Originals, Foster Art, and keep Entertainment Safe (NO FAKES Act was introduced in the US Senate by Senators Chris Coons of Delaware, Amy Klobuchar of Minnesota, Marsha Blackburn of Tennessee and Thom Tillis of North Carolina. The Act would establish a new federal right in a person’s own voice and likeness.
The supporters of the bill argue that it would help prevent creation of deepfakes that violate the privacy of many individuals ever since AI technology has made it easier to create believable fake images and voices.
There was a similar bill introduced in the US House of Representatives in January 2024 entitled the “No A.I. Fraud Act”. However, there are some differences. Both bills try to give individuals the power to request that deepfake content with fake images of people be removed from platforms and creates the right of these individuals to sue when their rights to their voice and likeness are violated. However, the Senate bill also covers the rights of families to protect their deceased members’ voice and likeness. Legal commentators have said that the bipartisan Senate bill has a good chance of passing, especially since there is a similar bill in the House.
Many music industry groups and labels have backed this new proposed legislation. Warner Music Group CEO Robert Kyncl spoke before the Senate Judiciary Committee in April 2024:
“Warner Music Group has always embraced new ways to bring technology and music together and recognizes the extraordinary promise of A.I. with commonsense guardrails to protect creators, innovators, and consumers. The NO FAKES ACT strikes the right balance to propel the next wave of technology-powered creativity while safeguarding every American’s right to control the use of their own image and voice in the age of AI.”
The Music biz has been a victim of some of these deep fakes that violate artist’s rights. Some examples are the “Fake Drake” track and obscene pics of Taylor Swift. However, the NO FAKES ACT’s authors have tried to balance protecting an individual’s voice and likeness with the importance of free expression. They have created some exceptions to the law that would protect using A.I. content in such things as news reports, documentary films and parody. According to Dr. Moiya McTier, Senior Advisor at the Human Artistry Campaign:
“The NO FAKES Act will help protect people, culture and art - with clear protections and exceptions for the public interest and free speech.”
There are some states (like California, New York and Florida) that already have right of publicity laws that give people control of the use of their likeness and image, but this new law would be the first to offer protection under federal law.
Dr. McTier further stated:
“We urge the full Senate to prioritize and pass this vital, bipartisan legislation. The abusive deepfake ecosystem online destroys more lives and generates more victims every day – Americans need these protections now.”
GLENN LITWAK is a veteran entertainment attorney based in Santa Monica, CA. He has represented platinum selling recording artists, Grammy winning music producers, hit songwriters, management and production companies, music publishers and independent record labels. Glenn is also a frequent speaker at music industry conferences around the country, such as South by Southwest and the Billboard Music in Film and TV Conference. Email Litwak at [email protected] or visit glennlitwak.com.
