The United States has stepped up its efforts to address the emerging problem of deepfakes and digital manipulation through artificial intelligence (AI). In a significant move, Senators Chris Coons, Marsha Blackburn, Amy Klobuchar and Thom Tillis have officially introduced the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024” (NO FAKES Act). This bill, initially introduced in draft form in October 2023, is primarily intended to protect the voice and image of individuals from misuse by generative AI.
The NO FAKES Act proposes to establish a federal property right over each person’s voice and image, allowing individuals to control how their digital representations are used. This right would not be transferable during the lifetime of the holder, but could be licensed for a limited period. The law also provides for a notice and takedown process for unauthorized digital replicas and seeks to protect online service providers as long as they remove such content in a timely manner upon receipt of a notice. This approach seeks to balance the protection of individual rights with the operability of digital platforms.
Simultaneously, the U.S. Copyright Office has released the first part of its report on AI and copyright, focusing on digital replication. This report highlights the need for a new federal law to protect individuals from the knowing distribution of unauthorized digital replicas. Shira Perlmutter, Director of the Copyright Office, has underscored the seriousness of the threats these practices pose not only in the entertainment and political sectors, but also to ordinary citizens.
The combination of the NO FAKES Act and the recommendations in the Copyright Office report reflects a coordinated and proactive response by the U.S. government to the rapid advancement of AI technology. With growing concerns about deepfakes and their potential to cause irreparable harm to reputation and personal lives, these legal initiatives are crucial to establishing a robust regulatory framework to protect individuals in the digital age.
