A bipartisan bill aiming to crack down on unauthorized deepfakes has been reintroduced in the US Congress, with the support of the music industry and other creative sectors, joined this time by some major tech companies.
The Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act was originally tabled in the Senate in July 2024, but failed to make it out of Senate and House committees before the end of last year’s session, due to a busy schedule that included budget negotiations.
The new bill is similar to last year’s, in that it effectively creates a right of publicity at the US federal level for the first time – in essence, the ability for individuals to control the use of their own likeness and voice. The issue has become particularly pressing amid the boom in generative AI, which has led to deepfakes of celebrities and private individuals.
The new bill is being brought before both chambers of Congress at the same time, with the Senate version being sponsored by Republican Sens. Marsha Blackburn of Tennessee and Thom Tillis of North Carolina, and Democratic Sens. Chris Coons of Delaware and Amy Klobuchar of Minnesota.
The House version is sponsored by Republican Reps. Maria Elvira Salazar of Florida and Nathaniel Moran of Texas, and Democratic Reps. Madeleine Dean of Pennsylvania and Becca Balint of Vermont.
The bill aims to reduce potential litigation by giving platforms featuring user-generated content (UGC) immunity if they quickly remove unauthorized deepfakes and notify the complainant once a deepfake has been removed.
It also seeks to protect First Amendment rights by creating exemptions for such things as news reporting and satire.
A number of prominent music industry figures appeared in Washington to mark the bill’s reintroduction, among them Warner Music Group CEO Robert Kyncl (who testified before the Senate last year on the need to address the deepfake problem), country music star Randy Travis (who notably used AI to clone his own voice for a new song last year, having suffered a stroke years ago that deprived him of the ability to sing).
Others present at the bill’s unveiling were Recording Academy CEO Harvey Mason Jr., YouTube Global Head of Artists Vivien Lewit, and Mitch Glazier, CEO of the Recording Industry Association of America (RIAA).
“This bill proves that we can prioritize the growth of AI and protecting American creativity at the same time.”
Mitch Glazier, RIAA
“This bill proves that we can prioritize the growth of AI and protecting American creativity at the same time,” Glazier said.
Glazier thanked the sponsoring lawmakers “for their incredible leadership on driving this legislation that provides balanced and effective protections for all individuals against exploitative uses of their voice and likeness while supporting free speech, reducing litigation and achieving the promise of AI technology.”
Commenting on the reintroduction, Harvey Mason Jr., CEO of the Recording Academy, said: “The Academy is proud to represent and serve creators, and for decades, GRAMMYs on the Hill has brought music makers to our nation’s capital to elevate the policy issues affecting our industry.
“Today’s reintroduction of the NO FAKES Act underscores our members’ commitment to advocating for the music community, and as we enter a new era of technology, we must create guardrails around AI and ensure it enhances – not replaces – human creativity.
“We thank Senators Blackburn and Coons, and Representatives Dean and Salazar for their unwavering support on this issue, and we look forward to working alongside them to pass the NO FAKES Act this Congress.”
The three music majors also issued statements in support of the legislation.
“This bill reflects what can happen when tech and creative industries come together – foster cutting edge innovation while protecting human identity and artistry. We look forward to working with key members of the US Senate and House to help pass the NO FAKES Act this year,” Warner’s Kyncl said in a statement.
Sony Music said it was “proud to support the No FAKES Act to promote the ethical use of AI and give artists more control over their identity and creative expression,” adding that the legislation “will provide meaningful protections against the unauthorized use of an artist’s voice and image.”
Universal Music Group said it “applauds the reintroduction of the NO FAKES Act – landmark, bipartisan, bicameral legislation to address ‘deepfakes’ and other threats to individuals’ rights to control their own voice and visual likeness.”
“At once, this legislation secures First Amendment protections and takes a critical step to ensure all Americans can protect and control their own persona.”
Universal Music Group
UMG added: “At once, this legislation secures First Amendment protections and takes a critical step to ensure all Americans can protect and control their own persona. We are grateful to the bill’s sponsors for their thoughtful leadership on this important issue.”
A number of major tech companies have also lined up in support of the No FAKES Act, including Adobe, Amazon, Google, IBM, and OpenAI.
In a blog post on Wednesday (April 9), Google-owned YouTube said it had worked with the RIAA and the Motion Picture Association (MPA) “to push for a shared consensus on this legislation.”
“For nearly two decades, YouTube has been at the forefront of handling rights management at scale, and we understand the importance of collaborating with partners to tackle these issues proactively. Now, we’re applying that expertise and dedication to partnership to ensure the responsible deployment of innovative AI tools,” said Leslie Miller, YouTube’s VP of Public Policy.Music Business Worldwide
