NO FAKES Act: Bipartisan Legislation Targets AI Deepfakes, Protects Voice and Likeness in US House

• Recently, a bipartisan group of legislators introduced the NO FAKES Act in the U.S. House of Representatives.
• The legislation aims to address the growing concerns over AI-generated deepfakes.
• The NO FAKES Act aims to establish federal intellectual property rights over individuals’ voices and likenesses.

The NO FAKES Act aims to protect the original creators by addressing AI deepfakes and establishing new intellectual property rights.

Introduction of the NO FAKES Act in the House

The NO FAKES Act was introduced to the U.S. House of Representatives by a bipartisan coalition of lawmakers, inspired by increasing concerns regarding AI-generated deepfakes. Representatives María Elvira Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Adam Schiff (D-CA), Rob Wittman (R-VA), and Joe Morelle (D-NY) are leading this legislative effort. This act is intended to reinforce federal protections over individual rights to voices and likenesses, safeguarding these attributes from unauthorized digital replication.

Key Provisions of the NO FAKES Act

The act endows individuals and their heirs with specific intellectual property rights over their voice and likeness. This legal framework allows individuals to initiate legal proceedings against those who create, disseminate, or profit from unauthorized digital reproductions. Furthermore, media platforms will be shielded from liability provided they promptly remove the infringing content. This measure aims to balance innovation in AI technology with the protection of personal attributes and creativity.

Repercussions for Violating the Act

According to the NO FAKES Act, violating these new intellectual property rights by producing or distributing deepfakes without consent will result in a minimum fine of $5,000 per infringement, plus any additional damages incurred by the affected party. This stringent penalty is designed to deter unauthorized use and ensure that creators and individuals retain control over their digital likenesses.

Support from the Entertainment Industry

Members of the entertainment industry have expressed considerable support for the NO FAKES Act. The Recording Academy’s CEO, Harvey Mason Jr., highlighted how the alignment between the House and Senate represents a critical milestone in establishing a federal right of publicity. Similarly, Duncan Crabtree-Ireland, SAG-AFTRA National Executive Director & Chief Negotiator, emphasized the necessity for Congress to act swiftly to protect individuals in the face of rapid technological advancements.

Legislative Path Forward

With similar versions of the NO FAKES Act introduced in both the House and Senate, there is optimism for its passage. The bill seeks to establish a national standard that harmonizes the novel aspects of AI technologies with the preservation of human-first ethical standards. As Mitch Glazier, Recording Industry Association of America chairman and CEO, noted, this legislation embodies a balanced approach to fostering innovation while ensuring robust protections against harmful deepfakes.

Conclusion

The introduction of the NO FAKES Act marks a significant effort to protect intellectual property in the digital age. By creating enforceable rights over personal voices and likenesses and setting stringent penalties for violations, the legislation provides critical safeguards for creators and individuals alike. Moving forward, its passage could define a new era of responsible technological innovation, ensuring that advancements in AI do not come at the cost of individual rights and creative expression.