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NO FAKES Act Returns to Congress With Support From YouTube, OpenAI for AI Deepfake Bill
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The NO FAKES Act was reintroduced to the U.S. House of Representatives and Senate on Wednesday (April 9) with the help of country legend Randy Travis, his wife Mary Travis and Warner Music Group CEO Robert Kyncl.
The reintroduction of the bill, designed to protect artists against unauthorized AI deepfake impersonations, was part of the Recording Academy’s annual GRAMMYs on the Hill initiative, in which the organization visits D.C. to meet with elected officials and advocate for a variety of music-related causes. On Wednesday, the GRAMMYs on the Hill Awards celebrated Travis, along with U.S. Representatives Linda Sánchez (D-CA) and Ron Estes (R-KS), for their dedication and advocacy for the rights of music creators.
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Introduced by Senators Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC) and Amy Klobuchar (D-MN) and Representatives María Elvira Salazar (R-FL-27), Madeleine Dean (D-PA-4) Nathaniel Moran (R-TX-1), Becca Balint (D-VT-At Large), the NO FAKES Act has also found new supporters in an unlikely place: the tech industry. The bill is now supported by tech giants like YouTube, OpenAI, IBM and Adobe, showing a rare moment of solidarity between artists and big tech in the AI age.
The NO FAKES Act was first introduced as a draft bill in 2023, and formally introduced to the Senate in the summer of 2024. If passed, the legislation would create federal intellectual property protections for the so-called right of publicity for the first time, which adds restrictions to how someone’s name, image, likeness and voice can be used without consent. Currently, these rights are only protected at the state level, leading to a patchwork of varying laws around the nation.
Unlike some of the patchy state publicity rights laws, the federal right that the NO FAKES Act would create would not expire at death and could be controlled by a person’s heirs for 70 years after their passing. There are, however, specific carve outs for replicas used in news, parody, historical works and criticism to ensure the First Amendment right to free speech remains protected.
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Over the last few years, as AI voice models have continued to develop, many artists have often found themselves on the receiving end of AI deepfakes. In 2023, the AI music craze kicked off with the so-called “fake Drake” song “Heart On My Sleeve” which featured the unauthorized AI voices of Drake and the Weeknd. Last year, Taylor Swift, for example, was the subject of a number of sexually-explicit AI deepfakes of her body; the late Tupac Shakur‘s voice was deepfaked by fellow rapper Drake in his Kendrick Lamar diss track “Taylor Made Freestyle,” which was posted, and then deleted, on social media.
Even President Donald Trump participated in the deepfake trend, posting an unauthorized AI image of Swift allegedly endorsing him during his campaign to return to the White House.
“Recently, I was made aware that [an] AI [image] of ‘me’ falsely endorsing Donald Trump’s presidential run was posted to his site. It really conjured up my fears around AI, and the dangers of spreading misinformation,” Swift wrote in an Instagram post soon after. “It brought me to the conclusion that I need to be very transparent about my actual plans for this election as a voter. The simplest way to combat misinformation is with the truth.”
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Overall, the bill has seen widespread support among the entertainment industry establishment. According to a press release about the bill’s reintroduction, it is celebrated by Sony Music, Warner Music Group, Universal Music Group, the Recording Industry Association of America, the Recording Academy, SAG-AFTRA, Human Artistry Campaign, Motion Picture Association and more.
Mitch Glazier, chairman and CEO of the RIAA, praised the bipartisan effort, saying “this bill proves that we can prioritize the growth of AI and protecting American creativity at the same time.”
Harvey Mason jr., CEO of the Recording Academy, added: “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.”
Kristin Robinson
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