Senators Propose “Digital Replication Right” to Protect Likeness, Extending 70 Years Posthumously

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On Wednesday, a bipartisan coalition of U.S. Senators, including Chris Coons (D-Del.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.), introduced the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act of 2024. This landmark legislation aims to safeguard individuals from the unauthorized creation and use of digital replicas of their voices and likenesses, driven by recent advancements in generative AI technology.

Overview of the NO FAKES Act

The NO FAKES Act seeks to address growing concerns over digital replicas, including those produced by generative AI. These replicas, which can be photorealistic audio or video reproductions, are increasingly easy to create. The legislation would grant individuals legal recourse if their digital likenesses are used without permission. It proposes holding accountable both individuals and companies involved in the creation, hosting, or distribution of these unauthorized digital representations.

Protection Against Unauthorized Digital Replicas

Senator Chris Coons emphasized the need for robust protections in the age of AI. “Everyone deserves the right to control their voice and likeness, whether you’re a public figure like Taylor Swift or an ordinary citizen,” Coons stated. This legislation follows the Senate’s recent passage of the DEFIANCE Act, which allows victims of sexual deepfakes to seek damages.

Recent incidents, such as fake celebrity endorsements, misleading political content, and AI-generated deepfakes of public figures, highlight the urgency of this issue. A notable example includes a video shared by X CEO Elon Musk, featuring an AI-generated voice of Vice President Kamala Harris making statements she never made.

Introducing the “Digital Replication Right”

The NO FAKES Act proposes a new legal concept: the “digital replication right.” This right grants individuals exclusive control over the use of their voice and likeness in digital formats. It extends for 10 years posthumously, with the possibility of five-year extensions if actively used. The right can be licensed during a person’s life and inherited, lasting up to 70 years after death.

Balancing Intellectual Property and Free Speech

The bill includes provisions to balance intellectual property protection with First Amendment rights. It excludes content such as documentaries, biographical works, and materials created for commentary, criticism, or parody. However, this balance may create enforcement challenges and potential gaps in protection, as the definition of “digital replicas” includes any “computer-generated, highly realistic” likeness.

Industry and Tech Company Support

The NO FAKES Act has garnered broad support from entertainment industry groups like SAG-AFTRA, RIAA, the Motion Picture Association, and the Recording Academy. Major entertainment companies, including The Walt Disney Company, Warner Music Group, Universal Music Group, and Sony Music, have also endorsed the bill. Additionally, tech companies like IBM and OpenAI have expressed support, with OpenAI’s Anna Makanju praising the act for its potential to protect creators from unauthorized digital impersonations.

Senator Coons acknowledged the collaborative effort behind the bill’s development, noting, “I am grateful for the bipartisan partnership and the support from stakeholders across the entertainment and technology industries. We are committed to finding a balance between the innovative potential of AI and the need to protect individual dignity.”

The NO FAKES Act represents a significant step towards regulating the use of digital replicas, aiming to protect personal likenesses in an increasingly digital world.

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