House follows Senate with introduction of NO FAKES Act

US Representatives have introduced a version of the NO FAKES Act as a companion to legislation tabled in the Senate that aims to protect the intellectual property rights to the voice and likeness of individuals, including recording artists.

NO FAKES – or Nurture Originals, Foster Art, and Keep Entertainment Safe Act to give it its full name – has been drawn up in response to the rise in unauthorised, computer-generated recreations using artificial intelligence and other technologies.

The House version of the bill has been introduced by Representatives Adam Schiff (D-Calif), María Elvira Salazar (R-Fla), Madeleine Dean (D-Penn), Nathaniel Moran (R-Texas), Rob Wittman (R-Va) and Joe Morelle (D-NY).

The text of the Senate and House drafts is practically the same and "will protect innovation while safeguarding the rights, contributions, and livelihoods of all creators," according to Rep Schiff, who said they will "establish a national standard to protect creators while supporting exciting, new AI technologies."

Earlier this year, a company set up by a college student in the UK was sent a cease-and-desist notice by the British Phonographic Industry (BPI) after it published 'deepfake' versions of tracks purporting to be by Drake and Amy Winehouse that were allegedly created by AIs trained on copyrighted music.

The company – originally called Voicify and subsequently renamed Jammable – subsequently pulled tracks from its website but continues to promote its AI "song cover maker."

The aim of the NO FAKES Act is to give each individual "federal" IP right to their voice and likeness – extending that right for families after they pass away – and provide legal avenues to "take action against bad actors who knowingly create, post, or profit from unauthorised digital copies of them."

It would also protect responsible media platforms from liability if they take down offending materials when they discover them and unify the current patchwork of state laws and regulations.

Rep Dean said: "By granting everyone a clear, federal right to control digital replicas of their own voice and likeness, the NO FAKES Act will empower victims of deep fakes; safeguard human creativity and artistic expression; and defend against sexually explicit deepfakes."

A host of organisations representing people in the arts have endorsed the bills, including the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), the Recording Industry Association of America (RIAA), the Motion Picture Association, the Independent Film & Television Alliance, and the Recording Academy.

RIAA chief executive Mitch Glazier said the legislation "marks a major step forward towards concrete new protections for artists, fans and everyday Americans – safely balancing technological advancement and fundamental rights."

Content producers like the Walt Disney Company, Warner Music Group, Universal Music Group, and Sony Music, as well as tech groups OpenAI and IBM, have also come out in support of the proposed legislation.

Opponents include the free speech advocacy group, the Electronic Frontier Foundation (EFF) claims the bill as it stands is open to abuse, and could tie media companies into removing legitimate content after 'specious' accusations and be used to undermine lawful speech.

Photo by Amir Geshani on Unsplash