The "NO FAKES Act of 2023," a proposed bipartisan bill introduced by senators Sen. Chris Coons (D-DE), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.), seeks to establish a federal law aimed at protecting artists, actors, and musicians from unauthorized artificial intelligence-generated replicas of their voices and faces.
What Happened: On Wednesday, The Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023 or the "NO FAKES Act of 2023" was announced, which prohibits making a digital replica without the concerned individual’s or rights holder’s consent, except for certain instances such as news broadcasts or documentaries.
The Act's protections extend throughout an individual’s lifetime and for 70 years after their passing, benefiting their estate, but the use of a digital replica for "comment, criticism, scholarship, satire, or parody" would not be considered a violation.
The Act allows impacted individuals and entities to file for civil action based on the proposed rules. It also mentions that a disclaimer indicating the unauthorized digital replica would not be an effective defense.
"The person committing a violation … shall be liable to the injured party in an amount equal to the greater of— (i) $5,000 per violation; or (ii) any damages suffered by the injured party as a result of the violation," the proposed bill states.
"In the case of a willful violation where the injured party has proven that the defendant acted with malice, fraud, or oppression, the court may award to the injured party punitive damages; and the court may award to the prevailing party reasonable attorneys' fees."
Why It's Important: While the Recording Industry Association of America or RIAA has extended its support for the bill, some, including Jeremy Elman from law firm Duane Morris, have raised questions about its effectiveness beyond existing laws, reported The Verge.
He said the proposed bill "does not appear to offer protections beyond existing copyright or right of publicity law and could pose thorny issues regarding those well-established rights down the road."
It is worth noting that earlier in the year, a song with Drake and The Weeknd became hugely popular on TikTok and later on YouTube. However, it was later discovered that the song used AI-created versions of both artists without their consent.
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