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The NO FAKES Act: Protecting Artists in the Age of AI
On April 9, the NO FAKES Act was reintroduced in both the U.S. House of Representatives and Senate, with significant backing from country music icon Randy Travis, his spouse Mary Travis, and Warner Music Group CEO Robert Kyncl. This legislative effort aims to safeguard artists from unauthorized AI deepfake impersonations.
The bill’s reintroduction was part of the Recording Academy’s annual GRAMMYs on the Hill initiative, which brings music industry advocates to Washington, D.C. to discuss issues impacting artists. The GRAMMYs on the Hill Awards honored Travis, alongside Representatives Linda Sánchez (D-CA) and Ron Estes (R-KS), for their unwavering support of music creators’ rights.
First introduced as a draft bill in 2023 and formally presented in the summer of 2024, the NO FAKES Act has received bipartisan sponsorship from Senators Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC), and Amy Klobuchar (D-MN), along with Representatives María Elvira Salazar (R-FL-27), Madeleine Dean (D-PA-4), Nathaniel Moran (R-TX-1), and Becca Balint (D-VT-At Large). Notably, the tech sector has also aligned with the bill, drawing support from influential companies like YouTube, OpenAI, IBM, and Adobe, showcasing a collaborative spirit in addressing AI challenges.
The proposed legislation seeks to establish federal protections for the right of publicity, a first in the United States. This would prevent unauthorized use of individuals’ names, images, likenesses, and voices, a crucial measure given the current fragmented state-by-state regulations. The federal framework would grant rights that extend 70 years beyond an individual’s death, allowing heirs to maintain control over these rights, thereby enhancing protections against exploitation.
While the bill aims to strengthen rights, it also includes provisions for exemptions. These carve-outs, which apply to uses in news, parody, historical narratives, and criticism, are designed to uphold First Amendment protections—key to balancing artistic expression and individual rights.
In recent years, numerous artists have experienced the ramifications of AI deepfakes. The 2023 phenomenon of the “fake Drake” track, “Heart On My Sleeve,” illustrated the risks, utilizing unauthorized AI-generated voices of Drake and The Weeknd. Additionally, Taylor Swift faced the unsettling exploitation of her image through explicit deepfake content, while the late Tupac Shakur’s voice was misappropriated in a diss track implying a connection to Drake, highlighting the pervasive threats artists face in today’s digital landscape.
Even political figures have engaged with the deepfake discourse; former President Donald Trump shared an unauthorized AI-generated image of Swift endorsing him during his campaign bid, raising critical discussions around the implications of misinformation and digital manipulation in political contexts.
In response to these alarming developments, Swift expressed her concerns on social media, emphasizing the urgent need for transparency and factual representation in the era of AI. “The simplest way to combat misinformation is with the truth,” she stated, advocating for clarity in public discourse.
The NO FAKES Act has garnered support across the entertainment sector. Major organizations, including Sony Music, Warner Music Group, Universal Music Group, and the Recording Industry Association of America, have rallied behind the initiative, demonstrating a unified front in support of artist rights.
Mitch Glazier, chairman and CEO of the RIAA, commended the bipartisan nature of the legislation, noting it demonstrates a commitment to fostering both technological advancement and the protection of creative talent.
Harvey Mason Jr., CEO of the Recording Academy, reiterated the Academy’s dedication to advocating for creators, emphasizing the necessity of establishing boundaries around AI to ensure that it augments rather than replaces human creativity.
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