Numerous groups representing artists and rights holders have backed new ‘landmark’ legislation designed to fight the proliferation of AI deepfakes \u2013 including musical deepfakes \u2013 in the US.<\/p>\n
The Nurture Originals, Foster Art, and Keep Entertainment Safe<\/strong> (NO FAKES<\/strong>) Act<\/strong> would establish, for the first time, a federal property right in one\u2019s own voice and likeness.<\/p>\n The bill was introduced in the US Senate on Wednesday (July 31) by two Democratic senators \u2013 Sen. Chris Coons<\/strong> of Delaware and Sen. Amy Klobuchar<\/strong> of Minnesota \u2013 and two Republicans, Sen. Marsha Blackburn<\/strong> of Tennessee and Sen. Thom Tillis<\/strong> of North Carolina.<\/p>\n The bill has received backing from many prominent members of the music industry<\/a>, including Warner Music Group<\/strong> CEO Robert Kyncl<\/strong>, who appeared before the Senate Judiciary Committee in April in support of the legislation.<\/p>\n Speaking today, Kyncl said: “I am honored to have testified about the urgent need for deepfake legislation at the Senate Judiciary Committee\u2019s April 30 hearing, and I\u2019m grateful to Senators Coons, Blackburn, Klobuchar, and Tillis for their thoughtful crafting of the NO FAKES Act.<\/p>\n “Warner Music Group has always embraced new ways to bring technology and music together and recognizes the extraordinary promise of AI 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\u2019s right to control the use of their own image and voice in the age of AI.\u201d<\/p>\n “The NO FAKES Act strikes the right balance to propel the next wave of technology-powered creativity while safeguarding every American\u2019s right to control the use of their own image and voice in the age of AI.”<\/p>\n Robert Kyncl, Warner Music Group<\/span><\/p><\/blockquote>\n In a statement, Universal Music Group<\/strong> said: “The NO FAKES Act is landmark legislation to help foster \u2018responsible AI,\u2019 under which generative AI can fulfill its potential ethically, while cracking down on deepfakes and other misuses of individuals\u2019 rights over their own voice and visual likeness.<\/p>\n “Success requires legislative guardrails like this to prevent AI companies from exploiting content without prior authorization. With this bill, Chairman Coons, Ranking Member Tillis, Senator Blackburn, and Senator Klobuchar recognize the importance of this issue to creators \u2013 and all Americans. We look forward to working together to achieving this mutually beneficial outcome.\u201d<\/p>\n “With this bill, Chairman Coons, Ranking Member Tillis, Senator Blackburn, and Senator Klobuchar recognize the importance of this issue to creators \u2013 and all Americans.”<\/p>\n Universal Music Group statement<\/span><\/p><\/blockquote>\n And in a separate statement, Sony Music<\/strong> said: “Sony Music applauds Senators Coons, Blackburn, Klobuchar and Tillis for this bipartisan effort to address the growing problem of AI deepfakes. The No FAKES Act recognizes that a human artist\u2019s voice and image is the lifeblood of their career and worthy of the strongest protections.<\/p>\n “By creating a new federal right, this legislation will provide a meaningful new tool to put artists back in control of their identity and creative expression.<\/p>\n “Sony Music thanks the Senators for their leadership in promoting the ethical use of this technology, and looks forward to working with them toward passage of this critical legislation.\u201d<\/p>\n \u00a0<\/em> Originally tabled for discussion last October, the bill is very similar in its content to the No AI FRAUD Act<\/strong><\/a> introduced in the House of Representatives in January.<\/p>\n Both bills seek to empower individuals to request that deepfake content featuring fake images of themselves be removed from platforms, and establishes the right of those individuals to sue when their right of voice or likeness has been violated.<\/p>\n The Senate version of the law also extends rights to the families of deceased persons, to protect their loved ones\u2019 voice and likeness.<\/p>\n The bill\u2019s bipartisan support, coupled with the existence of an accompanying bill in the House, gives it a high likelihood of becoming law.<\/p>\n “Sony Music thanks the Senators for their leadership in promoting the ethical use of this technology, and looks forward to working with them toward passage of this critical legislation.\u201d<\/p>\n Sony Music statement<\/span><\/p><\/blockquote>\n The bill\u2019s supporters argue that it will go a long way to prevent the creation of deepfakes, including sexually explicit materials, that have violated the privacy of numerous individuals since AI-powered technology made it easy to create convincing fake imagery and vocals.<\/p>\n Recording Industry Association of America (RIAA) Chairman & CEO Mitch Glazier said: “As the music community embraces pro-artist, human-first uses of AI, the NO FAKES Act represents a huge step forward for smart, effective, guardrails against irresponsible and unethical uses of these technologies. By returning to first principles and creating an enforceable new intellectual property right, the legislation lays the foundation for free market negotiations that will propel both innovation and safety forward in AI, not just for artists but for everyone.<\/p>\n “By returning to first principles and creating an enforceable new intellectual property right, the legislation lays the foundation for free market negotiations that will propel both innovation and safety forward in AI, not just for artists but for everyone.”<\/p>\n Mitch Glazier, RIAA<\/span><\/p><\/blockquote>\n “RIAA extends its deepest thanks to Senators Coons, Blackburn, Klobuchar, and Tillis and their teams for their persistent leadership in bringing stakeholders together to support this balanced, thoughtful, forward-looking legislation.\u201d –<\/p>\n The bill has special meaning to the music and entertainment industries, which have been hit with a series of deepfakes that have violated artists\u2019 and celebrities\u2019 rights and infringed on copyright.<\/p>\n Among some of the most notorious examples are the \u201cfake Drake\u201d track<\/a>, which went viral in the summer of 2023 before being pulled down by media platforms; a fake ad featuring actor Tom Hanks<\/strong> enforcing a product he never endorsed<\/a>; and obscene images of Taylor Swift<\/strong> that went viral<\/a> briefly on X before being pulled down earlier this year.<\/p>\n At the same time, the NO FAKES Act\u2019s authors have sought to balance protecting voice and likeness rights with the principles of free expression, creating limited carve-outs to the law that would protect the use of AI-generated materials in news reports, documentaries, commentary, criticism and parody \u2013 though the law makes no exceptions for sexually explicit materials.<\/p>\n \u201cThe NO FAKES Act will help protect people, culture and art \u2013 with clear protections and exceptions for the public interest and free speech,\u201d said Dr. Moiya McTier<\/strong>, Senior Advisor at the Human Artistry Campaign<\/strong><\/a>, a group devoted to preserving the role of human artistry and culture in the age of AI, whose founding members include the Recording Academy<\/strong> and the Recording Industry Association of America<\/strong> (RIAA<\/strong>).<\/p>\n \u201cWe 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 \u2013 Americans need these protections now.\u201d<\/p>\n \u201cThe NO FAKES Act will help protect people, culture and art \u2013 with clear protections and exceptions for the public interest and free speech.”<\/p>\n Dr. Moiya McTier, Human Artistry Campaign<\/span><\/p><\/blockquote>\n Some US states, including California, Florida and New York, already enforce a \u201cright of publicity<\/strong>\u201d that gives individuals control over the use of their image and likeness, but so far, no such law has been passed at the federal level.<\/p>\n Most recently, the state of Tennessee \u2013 where the music industry forms a significant part of the economy \u2013 enshrined<\/a> the Ensuring Likeness Voice and Image Security<\/strong> (ELVIS<\/strong>) Act<\/strong> into law. The new legislation updates the state\u2019s \u201cright of publicity\u201d for the AI age, ensuring that materials created by generative AI are covered under the law.<\/p>\n The NO FAKES Act includes provisions to ensure that state-level laws like Tennessee\u2019s won\u2019t be overridden by federal legislation, so long as those state laws are in place as of the beginning of 2025.<\/p>\n \u201cProtections are needed to ensure that creators’ intellectual property, voice, image, and likeness are not used without their permission.\u201d<\/p>\n Mike O’Neill, BMI<\/span><\/p><\/blockquote>\n \u201cMusic creators have always embraced new technologies to help make their art, and the use of generative AI tools will be no different,\u201d BMI President and CEO Mike O\u2019Neill<\/strong> said in a statement endorsing the bill.<\/p>\n \u201cHowever, protections are needed to ensure that creators’ intellectual property, voice, image, and likeness are not used without their permission.\u201d<\/p>\n Artist Rights Alliance<\/strong> Executive Director Jen Jacobsen<\/strong> said her group \u201capplauds\u201d the senators involved for introducing a bill \u201cto help stop the insidious use of unauthorized AI deepfakes and voice clones. Musicians rely on their voice and image for their very livelihood and can ill afford to have their artistic and personal integrity violated by this abusive practice.\u201d<\/p>\n She added: \u201cNo individual should have to live in fear of their likeness being exploited without consent, and the NO FAKES Act will help protect all of us from this predatory and unethical use of AI, of a technology that holds so much promise when used responsibly.\u201d<\/p>\n \u201cNo individual should have to live in fear of their likeness being exploited without consent, and the NO FAKES Act will help protect all of us from this predatory and unethical use of AI, of a technology that holds so much promise when used responsibly.\u201d<\/p>\n Jen Jacobsen, Artist Rights Alliance<\/span><\/p><\/blockquote>\n \u201cIn the coming decade, legislation like the NO FAKES ACT is desperately needed to protect Americans from being victimized by technology that can replicate our image and voice,\u201d said Fran Drescher<\/strong>, President of the SAG-AFTRA<\/strong> union that represents performers working in film, radio and TV.<\/p>\n \u201cThank you Sens. Blackburn, Coons, Klobuchar and Tillis for defending human rights by introducing the NO FAKES Act. People and communities must be protected in the face of innovation.\u201d<\/p>\n The NO FAKES Act\u2019s introduction comes amid a number of other legislative efforts in Washington to create a regulatory framework around artificial intelligence.<\/p>\n
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