WASHINGTON, D.C. – Today, U.S. Senators Marsha Blackburn (R-Tenn.), Chris Coons (D-Del.), Thom Tillis (R-N.C.), and Amy Klobuchar (D-Minn.), along with U.S. Representatives Maria Salazar (R-Fla.) and Madeleine Dean (D-Penn.), introduced the bipartisan Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act to protect the voice and visual likenesses of individuals and creators from the proliferation of digital replicas created without their consent:
“While AI has opened the door to countless innovations, it has also exposed creators and other vulnerable individuals to online harms,” said Senator Blackburn. “Tennessee’s creative community is recognized around the globe, and the NO FAKES Act would help protect these individuals from the misuse and abuse of generative AI by holding those responsible for deepfake content to account.”
“Nobody—whether they’re Tom Hanks or an 8th grader just trying to be a kid—should worry about someone stealing their voice and likeness,” said Senator Coons. “Incredible technology like AI can help us push the limits of human creativity, but only if we protect Americans from those who would use it to harm our communities. I am grateful for the bipartisan partnership of Senators Blackburn, Klobuchar, and Tillis, the support of colleagues in the House, and the endorsements of leaders in the entertainment industry, the labor community, and firms at the cutting edge of AI technology.”
“While AI presents extraordinary opportunities for technological advancement, it also poses some new problems, including the unauthorized replication of the voice and visual likeness of individuals, such as artists,” said Senator Tillis. “We must protect against such misuse, and I’m proud to co-introduce this bipartisan legislation to create safeguards from AI, which will result in greater protections for individuals and that which defines them.”
“Americans from all walks of life are increasingly seeing AI being used to create deepfakes in ads, images, music, and videos without their consent,” said Senator Klobuchar. “We need our laws to be as sophisticated as this quickly advancing technology. The bipartisan NO FAKES Act will establish rules of the road to protect people from having their voice and likeness replicated through AI without their permission.”
“In this new era of AI, we need real laws to protect real people,” said Representative Salazar. “The NO FAKES Act is simple and sacred: you own your identity—not Big Tech, not scammers, not algorithms. Deepfakes are digital lies that ruin real lives, and it’s time to fight back.”
“As AI’s prevalence grows, federal law must catch up—we must support technological innovation while preserving the privacy, safety, and dignity of all Americans,” said Representative Dean. “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. I’m grateful to work with a bipartisan group of colleagues on common sense, common ground regulations of this new frontier of AI.”
BACKGROUND
With the rapid advance of generative artificial intelligence (AI), artists and creators have already begun to see their voices and likenesses used without their consent in videos and songs created as nearly indistinguishable replicas.
- In one high-profile example, AI-generated replicas of the voices of pop stars Drake and The Weeknd were used to produce a viral song titled “Heart on My Sleeve,” generating hundreds of thousands of listens on YouTube, Spotify, and other streaming platforms before it was flagged as a fake and removed from the platforms.
- The harmful effects of unauthorized AI-generated content go far beyond celebrities. For example, in Maryland, a Baltimore high school athletic director was arrested and charged after using AI to create a deepfake voice recording of the school’s principal that included racist and derogatory comments about students and staff – statements the principal never actually made.
NO FAKES ACT
The NO FAKES Act would address the use of non-consensual digital replications in audiovisual works or sound recordings by:
- Holding individuals or companies liable if they distribute an unauthorized digital replica of an individual’s voice or visual likeness;
- Holding platforms liable for hosting an unauthorized digital replica if the platform has knowledge of the fact that the replica was not authorized by the individual depicted;
- Excluding certain digital replicas from coverage based on recognized First Amendment protections; and
- Preempting future state laws regulating digital replicas.
Click here to read the bill text.
ENDORSEMENTS
This legislation is endorsed by the Recording Industry Association of America; Motion Picture Association; SAG-AFTRA; YouTube; Recording Academy; OpenAI; Warner Music Group; Universal Music Group; Sony Music; The Walt Disney Company; IBM; Vermillio; Hive; Independent Film & Television Alliance; WME; Creative Artists Agency; Human Artistry Campaign; National Association of Broadcasters; the Model Alliance; ASCAP; Nashville Songwriters Association International; the Authors Guild; the National Center on Sexual Exploitation; Television Academy; Enough is Enough; American Association of Independent Music; and more.
“This bill proves that we can prioritize the growth of AI and protecting American creativity at the same time. We applaud the Senate and House sponsors driving this legislation that provides balanced and effective protections for all individuals against exploitative uses of their voice and likeness while supporting free speech, reducing litigation and achieving the promise of AI technology,” said Mitch Glazier, Recording Industry Association of America (RIAA) Chairman & CEO.
“The NO FAKES Act thoughtfully establishes federal protections for performers from generative AI abuse while also respecting creators’ First Amendment rights and freedoms,” said Charles Rivkin, Chairman and CEO of the Motion Picture Association (MPA). “The MPA thanks Senators Blackburn, Coons, Klobuchar, and Tillis for re-introducing this bill. Specifically, we appreciate the inclusion of safeguards intended to prevent the chilling of constitutionally protected speech such as biopics, docudramas, parody, and satire. This is necessary for any new law to be durable. The MPA will continue to work closely with the bill’s sponsors as the NO FAKES Act makes its way into law.”
“In the age of digital clones, deepfakes can be devastating,” said Duncan Crabtree-Ireland, National Executive Director and Chief Negotiator, SAG-AFTRA. “We all deserve the right to demand platforms remove illegal voice and image clones, and to seek damages from those who intentionally cause harm. Thank you Senators Blackburn, Coons, Klobuchar, and Tillis for reintroducing the NO FAKES Act. As innovation continues to rapidly evolve, it’s time for commonsense legislation that defends individual rights.”
“For nearly two decades, YouTube has been at the forefront of handling rights management at scale, and we understand the importance of collaborating with partners to tackle these issues proactively. Now, we’re applying that expertise and dedication to partnership to ensure the responsible deployment of innovative AI tools. We thank Senators Coons and Blackburn, and Representatives Salazar and Dean, for their leadership on the NO FAKES Act, which is consistent with our ongoing efforts to protect creators and viewers, and reflects our commitment to shaping a future where AI is used responsibly,” said Leslie Miller, VP of Public Policy, YouTube.
“The Academy is proud to represent and serve creators, and for decades, GRAMMYs on the Hill has brought music makers to our nation’s capital to elevate the policy issues affecting our industry. Today’s reintroduction of the NO FAKES Act underscores our members’ commitment to advocating for the music community, and as we enter a new era of technology, we must create guardrails around AI and ensure it enhances – not replaces – human creativity. We thank Senators Blackburn and Coons, and Representatives Dean and Salazar for their unwavering support on this issue, and we look forward to working alongside them to pass the NO FAKES Act this Congress,” said Harvey Mason jr., CEO, Recording Academy.
“OpenAI is happy to once again support the NO FAKES Act, which supports creators and artists. We applaud Senators Coons, Blackburn, Klobuchar, and Tillis for their leadership, and we look forward to working with the sponsors and fellow supporters as this legislation moves forward,”said OpenAI Chief Global Affairs Officer Chris Lehane.
“I applaud Senators Blackburn and Coons and Representatives Salazar and Dean for their leadership in introducing the NO FAKES Act. This bill reflects what can happen when tech and creative industries come together – foster cutting edge innovation while protecting human identity and artistry. We look forward to working with key members of the US Senate and House to help pass the NO FAKES Act this year,” said Robert Kyncl, Warner Music Group CEO.
“Universal Music Group applauds the reintroduction of the NO FAKES Act – landmark, bipartisan, bicameral legislation to address ‘deepfakes’ and other threats to individuals’ rights to control their own voice and visual likeness,” said Universal Music Group. “At once, this legislation secures First Amendment protections and takes a critical step to ensure all Americans can protect and control their own persona. We are grateful to the bill’s sponsors for their thoughtful leadership on this important issue.”
“Sony Music is proud to support the No FAKES Act to promote the ethical use of AI and give artists more control over their identity and creative expression,” said Sony Music. “Thank you to the Senate and House sponsors for continuing to champion this bipartisan legislation, which will provide meaningful protections against the unauthorized use of an artist’s voice and image. We look forward to working towards passage of this legislation allowing AI innovation and creativity to flourish.”
“Disney is pleased to support the reintroduction of the NO FAKES Act. We look forward to working with the sponsors to see this legislation enacted to ensure important and meaningful protections for individuals against misuse of their image and voice through AI while maintaining critical speech protections for legitimate storytelling rooted in the First Amendment,” said the Walt Disney Company.
