Memphis Standard

U.S. Senators Marsha Blackburn (R-Tenn.), Chris Coons (D-Del.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.) have introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES Act). The legislation aims to protect the voice and visual likenesses of creators and individuals from unauthorized digital replicas created using generative artificial intelligence.

“Tennessee is known around the world for its rich music history and is home to an incredibly talented creative community,” said Senator Blackburn. “Artists’ rights to their voice, image, and likeness must be protected under the law, and the NO FAKES Act is an important first step in protecting our creative community against the misuse of generative AI.”

Senator Coons emphasized the necessity of protecting personal identity: “Everyone deserves the right to own and protect their voice and likeness, no matter if you’re Taylor Swift or anyone else. 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."

Senator Klobuchar noted the growing prevalence of AI-generated content: “Americans from all walks of life are increasingly seeing AI being used to create deepfakes in ads, images, music, and videos without their consent. We need our laws to be as sophisticated as this quickly advancing technology."

Senator Tillis highlighted both opportunities and risks presented by AI: “While AI presents extraordinary opportunities for technological advancement, it also poses some new problems, including the unauthorized replication of the voice and visual likeness of individuals.”

The rapid advance of generative AI has led to several high-profile incidents where artists' voices were replicated without consent. One notable example involved AI-generated replicas of pop stars Drake and The Weeknd's voices in a song titled "Heart on My Sleeve," which was later removed from streaming platforms after being flagged as fake.

The NO FAKES Act proposes holding individuals or companies liable for producing or sharing digital replicas without consent. It includes provisions requiring online services to remove such content upon notification from rights holders. Exclusions are provided for First Amendment protections like documentaries, biographical works, commentaries, criticisms, or parodies.

The bill has garnered endorsements from various industry groups including SAG-AFTRA, Recording Industry Association of America, Motion Picture Association, Recording Academy, OpenAI, IBM, The Walt Disney Company among others.

The introduction follows extensive discussions with stakeholders aimed at refining the bill since its initial draft release in October 2023.