Hollywood Spurs Long-Awaited Bill Looking to Protect Performers From Deep Fakes and Voice Clones
A bipartisan coalition of House lawmakers have introduced a long-awaited bill to prohibit the publication and distribution of unauthorized digital replicas, including deepfakes and voice clones.
The legislation, proposed on Wednesday, is intended to give individuals the exclusive right to greenlight the use of their image, voice and visual likeness by conferring intellectual property rights at the federal level. Under the bill, unauthorized uses would be subject to stiff penalties and lawsuits would be able to be brought by any person or group whose exclusive rights were impacted.
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If signed into law, the proposal, called the No AI Fraud Act, could curb a growing trend of individuals and businesses creating AI-recorded tracks using artists’ voices and deceptive ads in which it appears a performer is endorsing a product. In the absence of a federal right of publicity law, unions and trade groups in Hollywood have been lobbying for legislation requiring individuals’ consent to use their voice and likeness.
“SAG-AFTRA is committed to protecting individuals via all available means, and influencing this sort of much-needed public policy is one of the many ways we can ensure people and their intellectual property rights are protected from exploitation,” said guild president Fran Drescher in a statement.
In separate legislation, senators introduced in October a proposal barring the unauthorized use of AI-generated replicas.
The bills were brought after the end of the actors strike in which AI emerged as a sticking point in negotiations. Much in the same way actors confronted the growing use of generative AI by studios, they’re aiming to combat the creation of works that use their voice and likeness in songs and ads, among other things, without consent or compensation. The proposal references an advertisement created using generative AI tools in which Tom Hanks appears to endorse a dental plan.
Under the legislation, an individual’s likeness and voice would constitute intellectual property rights. The use of these rights would only be valid if the individual was represented by counsel in negotiations. Notably, the terms of the agreement must be governed by a collective bargaining agreement.
On Tuesday, SAG-AFTRA and AI voice technology company Replica Studios announced an agreement allowing union members to license digital replicas of their voices for use in video games.
The bill, sponsored by Rep. Maria Salazar (R-FL), Rep. Madeleine Dean (D-PA), Rep. Nathaniel Moran (R-TX), Rep. Joe Morelle (D-NY) and Rep. Rob Wittman (R-VA), provides that rights are exclusive to an individual during their lifetime. Upon their death, the rights can be transferred to an executor or heir for a period of ten years and expire upon nonuse for commercial purposes after two years. This presents an avenue for exploitation of a performer’s voice or likeness without consent or payment.
Violations of such rights are subject to $50,000 per use or the actual damages suffered by the individual, plus any profits and punitive damages. If passed, companies and individuals assigned exclusively licensed voice and likeness rights would be able to sue for damages, with the statute of limitations set at four years upon discovery of the use. The bill notes that there’s no liability if harm caused by the use is “negligible.”
There are some exemptions for unauthorized use. Factors that must be considered include whether the use is transformative to constitute fair use and if it’s protected commentary.
Universal Music Group, among other labels, have long been lobbying for legislation giving performers rights to their voice and likeness at the federal level.
“While we have an industry-leading track record of enabling AI in the service of artists and creativity, AI that uses their voice or identity without authorization is unacceptable and immoral,” said Universal Music Group chief executive Sir Lucian Grainge in a statement. “We call upon Congress to help put an end to nefarious deepfakes by enacting this federal right of publicity and ensuring that all Americans are protected from such harm.”
In a statement, Recording Industry Association of America chief executive Mitch Glazier said the legislation is a “meaningful step towards building a safe, responsible and ethical AI ecosystem.”
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