A bipartisan group of senators circulated draft legislation that would prevent unauthorized artificial intelligence replicas of personal images or likenesses, a policy that could offer protections to creative workers such as artists and actors.
The coalition released a discussion draft of the Nurture Originals, Foster Art, and Keep Entertainment Safe, or NO FAKES Act, on Thursday. The bill would stop people from using the likeness of an individual, such as a singer or actor, to create content through artificial intelligence without their authorization. The proposal was released by Sens. Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC) and Amy Klobuchar (D-MN). The NO FAKES Act would make anyone who created the content liable for any damages it may cause. The main exception would be if the generative AI were used for certain functions protected by the First Amendment, such as sports broadcasts, biographical works, or parody.
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“Songwriters, actors, and our incredibly talented creative community deserve the right to own their name, image, and likeness (NIL),” Blackburn said in a statement. “This legislation is a good first step in protecting our creative community, preventing AI models from stealing someone’s NIL, and ensuring that those rights are given primary consideration under the law.”
An early example of the complications that could arise with AI replicas of individuals was the success of “Heart on My Sleeve,” an AI-generated song featuring the simulated voices of Drake and The Weeknd, which was listened to hundreds of thousands of times to the point it could have topped streaming charts. The song was pulled down before it could rise on the charts.
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The Senate is considering a number of bills on AI. Senate Majority Leader Chuck Schumer (D-NY) has organized meetings to ensure senators have a chance to grasp how the technology works.
Schumer also said that he would prioritize legislation dealing with AI misinformation.
