Protecting Actors and Singers: Bipartisan Bill Targets AI Recreations

A bipartisan bill introduced on Thursday aims to protect the likeness of actors, singers, and other performers from generative artificial intelligence (AI) technology.

The Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act seeks to hold individuals or companies accountable for creating unauthorized digital replicas of individuals in a performance, as well as platforms that host such content.

The bill includes exceptions for certain digital replicas, such as those made for news or sports broadcasts, documentaries or historical works, and satire or parody, which are protected by the First Amendment.

The NO FAKES Act is sponsored by Senators Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.).

This proposal comes as concerns grow over the threats posed by generative AI to creators.

One notable case involves an AI-generated song created using the likeness of Drake and The Weeknd. The song was streamed millions of times before being removed at the request of the artists’ label, as reported by Vice.

Concerns surrounding AI and the use of performers’ likenesses have also arisen during the SAG-AFTRA actors strike against major studios.

“Creators across the country are urging Congress to establish clear policies regulating the use and impact of generative AI. Congress must strike a balance to protect individual rights, uphold the First Amendment, and foster AI innovation and creativity,” said Senator Coons in a statement.

Senator Blackburn stated that the NO FAKES Act is a “good first step in protecting our creative community, preventing AI models from stealing someone’s name, image, and likeness, and ensuring that those rights are given primary consideration under the law.”

The NO FAKES Act is being released as a discussion draft as the sponsors work with stakeholders to address concerns regarding protection and First Amendment considerations.

This proposal follows another bipartisan AI bill introduced by Senators Richard Blumenthal (D-Conn.) and Josh Hawley (R-Mo.), which includes a broader range of restrictions. Their proposal calls for AI companies to obtain licenses and clarifies that a tech liability shield does not protect these companies from lawsuits.

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