A Bipartisan Group of Senators Proposes the “No Fakes Act”
A group of bipartisan United States senators has come together to introduce a bill called the “No Fakes Act,” which aims to make it illegal, under federal law, to create AI-generated replicas of individuals in audiovisual formats without their consent. The bill was drafted by Senators Marsha Blackburn (R-TN), Thom Thillis (R-NC), Amy Klobuchar (D-MN), and Chris Coons (D-DE), who currently serves as Chair of the Senate Judiciary Subcommittee on Intellectual Property.
Protecting Individual Rights
If passed, the No Fakes Act would hold creators responsible for AI-generated songs, photos, or videos that depict someone without obtaining their permission. Violators would face a penalty of $5,000 per violation, along with additional damages suffered by the affected party. This law would also apply to individuals until 70 years after their death.
Balancing Innovation and Individual Rights
Senator Coons stated that creators across the nation are urging Congress to establish clear regulations for the use and impact of generative AI. He emphasized the need to strike a balance that defends individual rights, upholds the First Amendment, and fosters innovation and creativity in the field of AI.
Targeting an AI-Generated Collaboration
The No Fakes Act seems to be motivated by a viral AI-generated collaboration between musicians Drake and The Weeknd. The song, created without the artists’ consent by a pseudonymous TikTok user, gained popularity before being removed from major music streaming platforms. Although it briefly appeared to have a chance at a Grammy nomination, technicalities prevented its eligibility.
Endorsement from Screen Actors Guild
The Screen Actors Guild (SAG-AFTRA), which is currently on strike against major studios, expressed strong support for the No Fakes Act. SAG-AFTRA President Fran Drescher stated that a performer’s voice and appearance are integral to their unique essence, and it is unacceptable when those are used without consent. The actors’ union believes this bill will provide performers with recourse and tools to remove harmful material.
Addressing Concerns in the Entertainment Industry
The entertainment industry has seen numerous celebrities condemn AI-generated imitations of their likenesses. Hollywood writers recently secured guarantees from studios regarding the use of AI in scriptwriting. The actors’ strike over concerns about AI in the industry is still ongoing.
Hot Take: Protecting Artists’ Rights in the Age of AI
The No Fakes Act proposed by bipartisan senators aims to safeguard artists’ rights and prevent the unauthorized use of AI-generated replicas in audiovisual content. This legislation responds to growing concerns within the entertainment industry about the misuse of AI technology. By holding creators accountable and providing legal recourse for affected individuals, the bill seeks to strike a balance between protecting individual rights and fostering innovation in the field of generative AI. With endorsements from key stakeholders like SAG-AFTRA, this legislation could have significant implications for artists and performers seeking to protect their unique essence from unauthorized exploitation.
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