The bill goes a long way to establishing a \u201cright of publicity<\/strong>\u201d at the federal level in the United States.<\/p>\n A right of publicity is an intellectual property right that protects against the unauthorized use of a person\u2019s likeness, voice or other aspects of their identity. Unlike many other intellectual property rights, the right of publicity isn\u2019t consistently recognized in laws around the world, or even within the US.<\/p>\n Of 50 US states, 19 have a law explicitly recognizing the right to publicity in some form, including California, New York and Florida, while another 11 states have recognized publicity rights as a matter of common law.<\/p>\n The No AI FRAUD Act establishes \u201can intellectual property right that every individual holds over their own likeness and voice, allows individuals to seek monetary damages for harmful, unauthorized uses of their likeness or voice,\u201d and \u201cguards against sexually exploitative deepfakes and child sexual abuse material,\u201d according to a statement from Rep. Dean.<\/p>\n “Putting in place guardrails like the No AI FRAUD Act is a necessary step to protect individual rights, preserve and promote the creative arts, and ensure the integrity and trustworthiness of AI.”<\/p>\n Mitch Glazier, <\/strong>RIAA<\/span><\/p><\/blockquote>\n The law seeks to \u201cbalance the rights against the First Amendment to safeguard speech and innovation,\u201d according to a fact sheet<\/a> on the proposed law, circulated by the sponsoring representatives.<\/p>\n \u201cFrom an AI-generated Drake<\/strong>\/The Weeknd<\/strong> duet<\/a>, to Johnny Cash<\/strong> singing Barbie Girl<\/em>, to \u2018new\u2019 songs by Bad Bunny<\/strong> that he never recorded<\/a>, to a false dental plan endorsement featuring Tom Hanks<\/strong>, unscrupulous businesses and individuals are hijacking professionals\u2019 voices and images, undermining the legitimate works and aspirations of essential contributors to American culture and commerce,\u201d the fact sheet stated.<\/p>\n Republican House Rep. Rob Wittman<\/strong> of Virginia, a co-sponsor, said the proposed legislation \u201cis a crucial first step in safeguarding the intellectual property of our artists and creators from bad actors who may try to exploit their work.\u201d<\/p>\n The proposed legislation has garnered the approval of a number of prominent voices in the music industry, including Recording Industry Association of America (RIAA<\/span>)<\/strong>\u00a0Chairman and CEO\u00a0Mitch Glazier<\/strong>.<\/p>\n \u201cThe No AI FRAUD Act is a meaningful step towards building a safe, responsible and ethical AI ecosystem, and the RIAA applauds Representatives Salazar, Dean, Moran, Morelle, and Wittman for leading in this important area,” said Glazier.<\/strong><\/p>\n “To be clear, we embrace the use of AI to offer artists and fans new creative tools that support human creativity. But putting in place guardrails like the No AI FRAUD Act is a necessary step to protect individual rights, preserve and promote the creative arts, and ensure the integrity and trustworthiness of generative AI.<\/p>\n “As decades of innovation have shown, when Congress establishes strong IP rights that foster market-led solutions, it results in both driving innovation and supporting human expression and partnerships that create American culture.\u201d<\/p>\n “The most unique and foundational aspects of any person\u2019s individuality should never be misappropriated or used without consent.”<\/p>\n Dr. Moya McTier, Human Artistry Campaign<\/span><\/p><\/blockquote>\n The Human Artistry Campaign<\/strong>, a broad coalition of musicians\u2019 and artists\u2019 groups launched in 2023<\/a> to ensure that AI will not replace human culture and artistry, also threw its support behind the bill.<\/p>\n \u201cThe most unique and foundational aspects of any person\u2019s individuality should never be misappropriated or used without consent,\u201d Human Artistry Campaign Senior Advisor Dr. Moiya McTier<\/strong> said in a statement, adding that the bill is \u201ca massive step forward in protecting people, culture, and art \u2013 while also urging other policymakers to follow their lead to shield us all from voice, image and likeness manipulation.\u201d<\/p>\n The bill also gained the support of Universal Music Group<\/strong> (UMG) Chairman and CEO Sir Lucian Grainge<\/strong>.<\/p>\n \u201cUniversal Music Group strongly supports the \u2018No AI FRAUD Act\u2019 because no one should be permitted to steal someone else\u2019s image, likeness or voice,\u201d Grainge said in a statement.<\/p>\n \u201cWhile we have an industry-leading track record of enabling AI in the service of artists and creativity, AI that uses their voice or identity without authorization is unacceptable and immoral. We call upon Congress to help put an end to nefarious deepfakes by enacting this federal right of publicity and ensuring that all Americans are protected from such harm.\u201d<\/p>\n UMG, the world\u2019s largest music rightsholder, has been among the most vocal proponents of establishing a federal right of publicity over the past year, as AI tools and capabilities have expanded at breathtaking speed.<\/p>\n At a hearing of the US Senate Judiciary Committee\u2019s subcommittee on intellectual property in July 2023, Jeffrey Harleston<\/strong>, UMG\u2019s General Counsel and Executive Vice President for Business and Legal Affairs, called for a federal right of publicity<\/a> as one of three new policies the company would like to see enacted in light of the AI boom.<\/p>\n “While we have an industry-leading track record of enabling AI in the service of artists and creativity, AI that uses their voice or identity without authorization is unacceptable and immoral.”<\/p>\n Sir Lucian Grainge, Universal Music Group<\/span><\/p><\/blockquote>\n The other two are the ability of copyright owners to see what has gone into the training of AI models, and the labeling of AI-generated content \u2013 something that social media companies like YouTube<\/a><\/strong> and TikTok<\/strong><\/a> are moving towards.<\/p>\n![](\"https:\/\/www.musicbusinessworldwide.com\/files\/2023\/01\/2EJD02H-80x56.jpg)