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A bipartisan coalition of lawmakers have introduced the NO FAKES Act of 2024, a bill clarifying voice and visual likeness uses enabled by artificial intelligence (AI). The bill, cosponsored by Sens. Marsha Blackburn (R-Tenn.), and Thom Tillis (R-N.C.), seeks to establish clear legal protections to prevent the misuse of AI technologies and support the creative economy. 

The rapid proliferation of deep fake technology has created the need for a federal standard that protects the image rights of everyday Americans, while also protecting the free speech rights of creators and allowing the creative economy to thrive.  

The NO FAKES Act would prohibit the use of “non-consensual digital replications”, providing the creative economy with a protocol to deter legal disputes, while shielding everyday Americans from deep fake exploitation. Digital replicas of movie stars like Tom Cruise or George Clooney could be used by movie studios, for example, if they secure the stars’ consent and provide both compensation and credit. The same would hold for recording artists like Taylor Swift, who may rent her voice out to other creators.  

Specifically, the bill would:  

  • Hold individuals or companies liable if they produce an unauthorized digital replica of an individual in a performance; 
  • Hold platforms liable for hosting an unauthorized digital replica if the platform has actual knowledge of the fact that the replica was not authorized by the individual depicted; 
  • Exclude certain digital replicas from coverage based on recognized First Amendment protections 
  • Largely preempt State laws addressing digital replicas to create a workable national standard. 

The bill has also received broad support from both the recording and motion picture industries, as well as from AI innovators.  As Christina Montgomery, chief Privacy and Trust Officer and IBM, noted, “with these rapid advancements, we must acknowledge the increased importance of safeguarding creators and individuals from potential risks associated with certain AI applications” Anna Makanju, Vice President of Global Affairs at OpenAI echoed this praise, adding that “creators and artists should be protected from improper impersonation, and thoughtful legislation at the federal level can make a difference.” 

The NO FAKES Act is a significant step towards addressing the numerous legal and ethical challenges that have arisen through deep fake exploitation. By providing statutory clarity for American businesses, and personal image protections for everyday Americans, the NO FAKES Act will reinforce the strength of the thriving creative economy.