A bipartisan group of US senators has introduced a proposed bill that would ban the creation of unauthorized artificial intelligence (AI) replicas of people’s voices and images. The bill, called the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, was released by Democratic Senators Chris Coons and Amy Klobuchar, along with Republican Senators Marsha Blackburn and Thom Tillis. Under the act, companies or individuals that create unauthorized AI replicas would be liable for damages, as well as platforms that knowingly host these copycats. The penalties for violations would start at $5,000 per violation.
Exceptions for Limited Uses
The proposed bill allows for limited uses of unauthorized AI replicas that are protected by the First Amendment. This includes uses in news, documentaries, and for purposes such as comment, criticism, scholarship, satire, or parody. The aim is to strike a balance between defending individual rights and fostering AI innovation and creativity.
Protecting Songwriters and Actors
Senator Blackburn stated that the bill is a “good first step” to protect songwriters, actors, and creatives in the US who deserve ownership of their name, image, and likeness. The rise in songs created using AI tools that emulate artists has sparked the need for regulations in this area. Additionally, AI-generated likenesses have been a point of contention in Hollywood actor negotiations.
SAG-AFTRA Supports the Proposal
The Screen Actors Guild‐American Federation of Television and Radio Artists (SAG-AFTRA) union has expressed support for the proposed bill. They believe that protecting voice and likeness through AI protections is crucial for performers.
AMPTP Negotiations Break Down
On October 11, negotiations between SAG-AFTRA and the Alliance of Motion Picture and Television Producers (AMPTP) broke down. SAG-AFTRA claimed that the AMPTP refused to protect performers from being replaced by AI. This breakdown follows a recent strike by the Writer’s Guild of America (WGA) that ended after a deal was reached on AI usage in writer’s rooms.
Hot Take: Protecting Individuals’ Rights and Promoting Innovation
The proposed NO FAKES Act aims to address the unauthorized use of AI replicas of people’s voices and images. By holding creators and platforms accountable for these replicas, the bill seeks to protect individual rights while still allowing for limited uses protected by the First Amendment. The support from SAG-AFTRA highlights the importance of safeguarding performers’ voice and likeness. With negotiations breaking down between SAG-AFTRA and AMPTP, it becomes clear that regulations around AI usage in entertainment are becoming increasingly necessary. Striking a balance between protecting rights and fostering innovation will be crucial as technology continues to advance.
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