NO FAKES Act Introduced In U.S. Senate

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The “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024,” better known as the NO FAKES Act, was introduced to the United States Senate today (July 31) by Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN) and Thom Tillis (D-NC).

The bill sets out to protect all Americans from the AI-generated deepfakes that are currently taking social media by storm. From individuals having their likeness exploited in explicit ways to recording artists and performers made to perform works they never created or consented to, the No Fakes Act provides a new weapon in the fight to protect people’s images and voices from being faked, cloned and misused.

The legislation works to preserve the existing causes of action and right of publicity, including Tennessee’s ELVIS Act. Additionally, it contains exceptions in order to protect the public’s interest in free speech, open discourse and storytelling without overlooking the need for enforceable protection against invasive deepfakes and voice clones.

With the introduction of the NO FAKES Act to the Senate along with the Salazar-Dean No AI FRAUD Act in the House of Representatives earlier this year, there is now bipartisan and bicameral support to pass these protections into federal law.

Numerous music industry organizations have made statements supporting the legislation, including the AFM, ARA, A2IM, ASCAP, Association of American Publishers, BMAC, BMI, CAA, Fan Alliance, IMPF, MAC, Music Workers Alliance, NAVA, NITO, the National Music Council of the United States, NMPA, NSAI, OVU, Production Music Association, Professional Audiobook Narrators Association, SAG-AFTRA, SEDA, SESAC SONA, SoundExchange, UTA, WGAW, WME and more.

“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,” says Human Artistry Campaign Senior Advisor Dr. Moiya McTier. “We urge the full Senate to prioritize 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.”

“The NO FAKES Act is an admirable first step in laying the groundwork to protect talent and the largest IP holders while still allowing for innovation,” says Dan Neely, Co-Founder and CEO, Vermillio. “Deepfakes are the tip of the iceberg, and talent and entertainment companies must properly protect themselves. We look forward to continuing our work with Senators Coons, Blackburn, Tillis, and Klobuchar, who understand the importance of using innovative technologies to address potential gaps that allow scammers, tech platforms, and internet opportunists to create unauthorized AI.”

“The Recording Academy thanks Senators Coons, Blackburn, Klobuchar and Tillis for their unwavering leadership in protecting artists, creators, and all individuals,” adds Recording Academy CEO Harvey Mason jr. “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.”

“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,” says Recording Industry Association of America (RIAA) Chairman & CEO Mitch Glazier. “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.”

A summary of the bill’s provisions is available here.

John Nix Arledge
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