The music industry has welcomed the introduction of the NO FAKES Act into US Congress, which will provide a new federal right under US law allowing people to control their likeness and voice in the context of AI, providing protection against unapproved deepfakes and voice clones.
The entire industry has hailed the act and the new right it will introduce. However, artist groups in particular will welcome restrictions on the assignment and licensing of that right, keen to ensure that companies in the music industry don’t pressure artists into transferring control of their likeness and voice to business partners on a long-term basis.
The proposed act was first outlined in a discussion paper last year, and has now been formally introduced in the US Senate by Senators Chris Coons, Marsha Blackburn, Amy Klobuchar and Thom Tillis. It is strongly backed by the Human Artistry Campaign, which says the proposed new law “sets a strong federal baseline protecting all Americans from the invasive AI-generated deepfakes flooding digital platforms today”.
“From young students bullied by nonconsensual sexually explicit replicas of their likeness to recording artists and performers replicated to sing or perform in expressive works they never created or consented to”, it adds, “the NO FAKES Act provides a powerful and much needed new weapon in the fight to protect people’s images and voices from being stolen, cloned and misused”.
For the entertainment industry, the new right will help performers stop the unapproved use of their likeness and image, but also help solidify a new revenue stream where performers allow business partners to utilise their likeness and image via licensing deals. Some performers have already experimented with generative AI in that way, but the commercial value of such projects relies on being able to block unapproved activity.
Which is why trade organisations from across the music industry - including those representing record labels and music publishers, a well as artists and songwriters - have welcomed the NO FAKES Act today.
Artists who see opportunities in generating revenue around their likeness and voice with AI may well seek to partner with their labels on that activity, though one concern previously expressed by music managers is that labels might pressure artists to assign them this new right in perpetuity.
However, the NO FAKES Act provides protection in that domain. The right can’t be assigned to another party until after a person’s death and licensing deals can’t exceed ten years. Licences must also include “a reasonably specific description of the intended uses of the applicable digital replica”.
Another concern previously raised is that the new right introduced by the NO FAKES Act could be used to restrict the freedom of expression of other creators. Indeed, the ReCreate Coalition, which brings together various organisations representing digital companies and other users of copyright protected works, put out a statement raising that concern again earlier today.
“The NO FAKES Act would create more problems for creativity and society than it solves”, it said, citing issues around consumer privacy as well as freedom of expression. “Re:Create urges Congress to carefully consider the full range of impacts of these bills, including threats to the open internet, free speech, and the future of creativity”, they added.
But the Human Artistry Campaign insists that the act addresses those concerns, reckoning the proposed legislation “contains carefully calibrated exceptions to protect the public’s genuine interest in free speech, open discourse and creative storytelling – without trampling the underlying need for real, enforceable protection against the vast range of invasive and harmful deepfakes and voice clones”.
As generative AI tools have become more sophisticated, and more widely used, there has been much debate across the world about the need for new or enhanced rights in law to allow people to stop the unapproved exploitation of their likeness or voice.
Copyright law can help to an extent because, in order for an AI model to replicate someone’s likeness or voice, it will need to be trained with existing content that features that likeness or voice, and that content is likely protected by copyright. However, many AI companies still argue they can use existing content without getting permission from copyright owners, plus people don’t necessarily own the copyright in images, videos, audio and music in which they appear.
That has put the spotlight on publicity or personality rights, which are designed to protect likeness and possibly voice. In the US these rights currently exist at a state level and it’s not entirely clear how they would work in the context of AI, although the state of Tennessee has already introduced a new publicity right that provides the required clarity within that state.
The NO FAKES Act introduces a new federal right that complements rather than replaces the state-level publicity rights. Although similar in concept to those existing publicity rights, the act positions the new right as being part of US intellectual property law.
In the UK, there is currently no publicity or personality right in law, which is a cause for concern. Music industry organisations, including UK Music and the Council Of Music Makers, have called on law-makers to address that concern, and things like the NO FAKES Act may well be influential if and when the UK government looks into introducing a similar right.
==
Responses from music companies and organisations to the introduction of the NO FAKES Act in the US Senate earlier today:
Tino Gagliardi, President of the American Federation Of Musicians: “Musicians form the foundation for recorded music, and their sounds and contributions must be protected. The NO FAKES ACT is an important step toward respecting the contributions of creators by preventing unfair exploitation by AI companies. We look forward to the enactment of this bill along with others that help professional musicians continue to make a living by contributing their unique human gifts to our culture and our economy”.
Elizabeth Matthews, CEO of ASCAP: “In the context of digital replicas or AI policy more generally, ASCAP’s music creator members need Congress to put human beings first and enshrine transparency, consent, compensation, credit and global consistency into law. We commend Senators Coons, Blackburn, Klobuchar and Tillis for making progress to enact legislation that recognizes the value of human creativity to AI development”.
Jen Jacobsen, Executive Director of the Artist Rights Alliance: “The Artist Rights Alliance applauds Senators Coons, Blackburn, Klobuchar and Tillis for introducing the NO FAKES bill to help stop the insidious use of unauthorised AI deepfakes and voice clones. Musicians rely on their voice and image for their very livelihood and can ill afford to have their artistic and personal integrity violated by this abusive practice. No individual should have to live in fear of their likeness being exploited without consent, and the NO FAKES Act will help protect all of us from this predatory and unethical use of AI, of a technology that holds so much promise when used responsibly”.
Richard James Burgess, CEO of the American Association Of Independent Music: “The NO FAKES Act is a vital step in protecting individuals from unauthorised digital replicas by establishing clear intellectual property rights over their voice and likeness. It balances protection during one’s lifetime and extends posthumously to safeguard legacies. We are THRILLED to see this bill introduced, as it will be an essential tool for protecting creative art in the AI age. The act’s robust framework for liability and remedies, along with reasonable exclusions and safe harbor provisions, ensures creators maintain control over their digital identities while allowing for legitimate uses. We are committed to working with the bill’s authors to ensure this new right is accessible to artists of all levels of success and popularity”.
Willie ‘Prophet’ Stiggers, CEO of the Black Music Action Coalition: “Black Music Action Coalition is proud to support the NO FAKES Act. Together with some of the industry’s top leaders, like RIAA, SAG-AFTRA, MAC, SONA, ARA and more, we hope to continue to protect and fight for the intellectual rights and visual likeness of the entertainment industry and prevent the threat of unfair replication”.
Mike O’Neill, CEO of BMI: “Music creators have always embraced new technologies to help make their art and the use of generative AI tools will be no different. However, protections are needed to ensure that creators’ intellectual property, voice, image and likeness are not used without their permission. BMI is grateful that Senators Coons, Blackburn, Klobuchar and Tillis recognise the importance of these protections and have taken action by introducing the NO FAKES Act. We look forward to working with them and our friends in the music community to protect our affiliates from the unethical use of AI”.
Donald Cohen of the Fan Alliance: “Fans want to know that the artists we love are in full control of their likeness, their voice and their art. This bill will ensure that we are watching and listening to those artists, not computer-generated fakes”.
Dr Moiya McTier, Senior Advisor to the Human Artistry Campaign: “The Human Artistry Campaign applauds Senators Coons, Blackburn, Klobuchar and Tillis for crafting strong legislation establishing a fundamental right putting every American in control of their own voices and faces against a new onslaught of highly realistic voice clones and deepfakes. The NO FAKES Act will help protect people, culture and art - with clear protections and exceptions for the public interest and free speech. We urge the full Senate to prioritise and pass this vital, bipartisan legislation. The abusive deepfake ecosystem online destroys more lives and generates more victims every day - Americans need these protections now”.
Susan Genco, board member of the Music Artists Coalition: “The Music Artists Coalition welcomes the use of AI as a tool for music artists but is committed to protecting the rights of all people from AI abuses. We thank Senators Coons, Tillis, Klobuchar and Blackburn for having the foresight to introduce the NO FAKES Act which gives artists the tools to ward off digital fakes. We are proud to stand with the coalition of creators’ advocates supporting NO FAKES”.
Bart Herbison, Executive Director of Nashville Songwriters Association International: “The NO FAKES Act is important legislation that will help ensure human creators maintain the rights to their voice and visual likeness. The bill introduced by Senators Blackburn, Coons, Tillis and Klobuchar also importantly protects existing state rights of actions such as those that exist in Tennessee under the ELVIS Act. We encourage other Senators to co-sponsor this bill as the Nashville Songwriters Association International continues to work to create guardrails around generative artificial intelligence to protect human intellectual property”.
Nathaniel Marro, MD of the National Independent Talent Organization: “There is a long and troubling history of artist exploitation in the music industry and now their likeness is under threat. We applaud the proactive NO FAKES Act and thank Senators Coons, Tillis, Klobuchar and Blackburn, along with our advocacy partners, for their efforts to advance this vital legislation. It is crucial to address this now to ensure a prosperous future for music creators. NITO is committed to seeing this bill passed through Congress”.
David Israelite, CEO of the National Music Publishers’ Association: “We greatly appreciate the leadership of Senators Coons, Blackburn, Klobuchar and Tillis on this critical legislation to protect the integrity of music creators. Not only will the NO FAKES Act of 2024 prevent AI fakes, it will give individuals critical recourse when their identities are exploited without their consent. AI presents incredible opportunities for songwriters and artists, however putting parameters around unauthorised replicas is essential to a healthy music marketplace”.
Morgan McKnight, Executive Director of the Production Music Association: “The protections granted in the NO FAKES Act are monumental for the creative community and for all artists fighting to retain and control the rights to their likeness. We thank Senators Coons, Blackburn, Klobuchar and Tillis for introducing this act and for recognising the importance these protections offer the production music community”.
Harvey Mason Jr, CEO of the Recording Academy: “The Recording Academy thanks Senators Coons, Blackburn, Klobuchar and Tillis for their unwavering leadership in protecting artists, creators and all individuals. The NO FAKES Act is a major step forward in our fight to ensure that AI is used ethically and equitably to enhance creativity, not to exploit or replace it. This legislation will provide needed certainty and clarity to all stakeholders, and we urge the Senate to act quickly to pass it”.
Mitch Glazier, CEO of the Recording Industry Association Of America: “As the music community embraces pro-artist, human-first uses of AI, the NO FAKES Act represents a huge step forward for smart, effective, guardrails against irresponsible and unethical uses of these technologies. By returning to first principles and creating an enforceable new intellectual property right, the legislation lays the foundation for free market negotiations that will propel both innovation and safety forward in AI, not just for artists but for everyone. RIAA extends its deepest thanks to Senators Coons, Blackburn, Klobuchar and Tillis and their teams for their persistent leadership in bringing stakeholders together to support this balanced, thoughtful, forward-looking legislation”.
Fran Drescher, President of SAG-AFTRA: “In the coming decade, legislation like the NO FAKES ACT is desperately needed to protect Americans from being victimised by technology that can replicate our image and voice. Thank you Senators Blackburn, Coons, Klobuchar and Tillis for defending human rights by introducing the NO FAKES Act. People and communities must be protected in the face of innovation”.
Duncan Crabtree-Ireland, National Executive Director and Chief Negotiator of SAG-AFTRA: “The exponential proliferation of artificial intelligence technologies that enable rapid and realistic fakes of voices and likenesses makes legislation like the NO FAKES Act essential for preserving individuals’ control over the use of their faces and voices. At SAG-AFTRA, we applaud Senators Blackburn, Coons, Klobuchar and Tillis for introducing this vital legislation”.
John Josephson, CEO of SESAC Music Group: “SESAC Music Group supports the NO FAKES Act which provides strong new protections against harmful deepfakes and voice clones. Technology should not be used to facilitate the unauthorised and uncompensated exploitation of the voice or likeness of writer performers and artists. This bill is an important step forward in protecting their rights and ensuring that they can continue to make a living practicing their craft. We applaud the bipartisan leadership of Senators Coons, Blackburn, Klobuchar and Tillis developing and introducing this vital legislation”.
Michelle Lewis, CEO of Songwriters Of North America: “Protecting the integrity of music creators has never been more imperative. Songwriters Of North America thanks Senators Coons, Tillis, Kloubuchar and Blackburn, as well as our advocacy partners, for their efforts to ensure that the true creators of musical works are recognised for their contributions, preventing the exploitation and misrepresentation of their original art”.
Michael Huppe, CEO of SoundExchange: “The proliferation of unauthorised generative AI continues to threaten the music industry and artists who watch without recourse as their creative works are being used without their consent, credit or compensation. The updated and improved version of the NO FAKES Act will create a federal property right for likeness and voice while also ensuring that unauthorised replicas are removed promptly upon demand through an effective notice-and-takedown system. In short, NO FAKES will restore balance by putting the power back in the hands of artists, where it rightfully belongs”.
Jeremy Zimmer, CEO of UTA: “We must be relentless in protecting artists’ rights. Legislation like the NO FAKES Act is a positive step in ensuring AI is used responsibly as we explore its potential”.
Christian Muirhead, Co-Chairman of WME: “We view technology as a complement, not a substitute, for human artistry. Guardrails must be put into place that ensure continued innovation while protecting our clients’ name, image, likeness and voice. We thank Senators Coons, Blackburn, Tillis and Klobuchar for recognising the urgency of this issue, and will continue to work with them to ensure all artists and our clients remain at the center of this vital legislation”.