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Bipartisan NO FAKES Act Aims to Safeguard Performers’ Likenesses from Generative AI

A new bipartisan bill, the NO FAKES Act, seeks to protect performers' likenesses from being used without authorization by generative AI technology. The legislation aims to find a balance between safeguarding individual rights, the First Amendment, and fostering AI innovation.

In an era of rapidly advancing generative AI technology, the NO FAKES Act takes center stage, aiming to protect the likenesses of actors, singers, and other performers from being replicated without their consent.

The NO FAKES Act, short for "Nurture Originals, Foster Art, and Keep Entertainment Safe," is a bipartisan bill introduced by Senators Chris Coons, Marsha Blackburn, Amy Klobuchar, and Thom Tillis. This legislation seeks to address the increasing concerns over generative AI's potential to replicate performers' likenesses.

The primary objective of the bill is to hold individuals and companies responsible for creating unauthorized digital replicas of performers in any artistic performance. This includes both the creators of such replicas and the platforms that host such content.

While the NO FAKES Act aims to protect performers, it also acknowledges the importance of First Amendment protections. The bill includes exemptions for certain digital replicas that fall under the purview of the First Amendment. These exemptions cover replicas used for news or sports broadcasts, documentaries, historical work, satire, or parody.

The need for the NO FAKES Act is exemplified by a recent high-profile case where an AI-generated song featuring the likenesses of Drake and The Weeknd was widely streamed across platforms. It only disappeared after requests from the artists' label, underscoring the potential impact of generative AI on performers' rights.

The sponsors of the NO FAKES Act are releasing it as a discussion draft, reflecting their willingness to work with stakeholders. This collaborative approach seeks to strike a balance between protecting performers and upholding First Amendment rights.

Creators nationwide have been urging Congress to establish clear policies regulating the use and impact of generative AI. Finding the right balance is essential to defend individual rights, respect the First Amendment, and nurture AI innovation and creativity.

Senator Coons emphasizes the need for this bill to strike the right balance and provide clear policies for regulating generative AI. Senator Blackburn highlights that this legislation is a positive step in safeguarding the creative community's rights and ensuring that these rights are a top consideration under the law.

The NO FAKES Act represents a significant step in addressing the challenges posed by generative AI to the creative arts industry. This bipartisan bill strives to protect performers' rights while respecting the principles of the First Amendment, ultimately fostering a space where innovation and creativity can thrive.

As technology continues to reshape the creative landscape, legislation like the NO FAKES Act becomes crucial in ensuring that the rights and contributions of performers are safeguarded.