The Act essentially federalizes likeness laws, which currently vary from state to state. It comes in response to the increasing use of generative AI tools that mimic voices or create photos of famous people. However, some critics argue that the proposed bill does not offer protections beyond existing copyright or right of publicity law, and could pose issues regarding those well-established rights down the road.
Key takeaways:
- A bipartisan bill called the No Fakes Act aims to create a federal law to protect performers from unauthorized digital replicas of their faces or voices, standardizing rules that currently vary from state to state.
- The bill allows for exceptions such as parodies, satire, criticism, and certain commercial activities, and provides for civil action by individuals or entities such as a deceased person’s estate or a record label.
- The Recording Industry Association of America (RIAA) and the Human Artistry Campaign have expressed support for the bill, citing concerns about AI tools that mimic voices or create photos featuring famous people.
- However, some critics, such as Jeremy Elman from law firm Duane Morris, argue that the proposed bill does not offer protections beyond existing copyright or right of publicity law and could pose issues regarding those well-established rights in the future.