A Step Toward Safeguarding Personal Likenesses from AI
The NO FAKES Act.
A bipartisan group of senators has introduced a groundbreaking bill aimed at safeguarding individuals from having their likenesses digitally replicated through generative AI. Dubbed the NO FAKES Act, this legislation has been introduced by Senators Chris Coons, Marsha Blackburn, Amy Klobuchar, and Thom Tillis after nearly a year of careful discussions and negotiations.
The NO FAKES Act is designed to hold accountable those who produce or distribute digital replicas of an artist performing in audio or visual content without the artist’s consent. This includes content generated using AI technologies. Under the proposed law, any online service would be required to remove such content upon notification from the rights holder. Additionally, individuals and companies could face liability for damages incurred as a result of unauthorized use.
This legislation aims to “preempt” existing state laws, establishing a national standard for dealing with AI-generated content. A one-page summary of the Act highlights examples such as an AI-generated ad featuring Tom Hanks endorsing a dental plan, the fake Drake and The Weeknd song “Heart on My Sleeve,” and an AI-generated video of a school principal making a racist statement. These instances illustrate the potential for creators and distributors of such content to be held responsible for any resulting damages.
“Everyone deserves the right to own and protect their voice and likeness, no matter if you’re Taylor Swift or anyone else,” Senator Coons emphasized. “Generative AI can be used as a tool to foster creativity, but that can’t come at the expense of the unauthorized exploitation of anyone’s voice or likeness.”
The issue of AI-generated replicas gained attention in May when Scarlett Johansson accused OpenAI of replicating her voice for ChatGPT 4.0 after she declined an offer to lend her voice to the project. Johansson revealed that she had to engage legal counsel before OpenAI “reluctantly” agreed to remove the voice.
The NO FAKES Act has garnered support from various influential organizations, including SAG-AFTRA, the Recording Industry Association of America (RIAA), the Recording Academy, OpenAI, The Walt Disney Company, Warner Music Group, Universal Music Group, Sony Music, and more. Interestingly, OpenAI itself is endorsing the bill, highlighting the industry's recognition of the importance of establishing clear guidelines and protections in the rapidly evolving landscape of generative AI.
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