From the execrable site IPWatchdog, run by Gene Quinn: Eileen McDermott, “NO FAKES Act Reintroduced to Support from Both Big Tech and Creators,” IPWatchdog (April 9, 2025):
“According to a press release by the Recording Industry Association of America today, the updated bill ‘takes a measured approach to protecting Americans from invasive deepfakes while reducing litigation and promoting American AI development.’”
Today, Senators Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC) and Amy Klobuchar (D-MN) reintroduced the NO FAKES Act, which would create a federal IP right to an individual’s voice and likeness.
In September 2024, U.S. Representatives María Elvira Salazar (R-FL), Madeleine Dean (D-PA), Nathaniel Moran (R-TX), Joe Morelle (D-NY), Rob Wittman (R-VA) and Adam Schiff (D-CA) introduced the bill in the House of Representatives, two months after Coons, Blackburn, Klobuchar and Tillis had in the Senate.
A discussion draft of the bill was first introduced in October 2023 with the stated goal of “protect[ing] the voice and visual likenesses of individuals from unfair use through generative artificial intelligence (GAI).”
According to a press release by the Recording Industry Association of America (RIAA) today, the updated bill “takes a measured approach to protecting Americans from invasive deepfakes while reducing litigation and promoting American AI development – garnering notable support from both the creative community and the tech industry, including OpenAI, Google, Amazon and IBM.”
The bill includes a provision titled “No Duty to Monitor,” which provides that “except as expressly provided in subsection (d)(1)(B)(ii), nothing in this section may be construed to require the provider of an online service to—monitor the online service for, or affirmatively seek facts about, any digital replica; or gain access to material.”
Subsection (d)(1)(B)(ii) says that the provider of an online service, once properly notified, must remove or disable “access to the work embodying the claimed unauthorized digital replica or the product or service specifically identified in a notice sent under that paragraph, or, as applicable, the link or reference to the unauthorized digital replica or product or service, as soon as is technically and practically feasible for that provider.”
YouTube is also now supporting the bill, and the company’s VP of Public Policy, Leslie Miller, said in a statement today that it “is consistent with our ongoing efforts to protect creators and viewers, and reflects our commitment to shaping a future where AI is used responsibly.”
Congress has been interested in finding ways to curb abuse of AI to create unauthorized digital replicas of individuals and their works for some time. The Senate Subcommittee on Intellectual Property heard from six witnesses in April 2024 to get their thoughts on the discussion draft of the NO FAKES Act and they urged the lawmakers to strike a careful balance between treading on First Amendment rights and allowing artists more control over their likeness. When the Senate bill was introduced, organizations including OpenAI, The Walt Disney Company, Warner Music Group, the Authors Guild, the Recording Industry Association of America (RIAA), the Motion Picture Association (MPA), Universal Music Group and SAG-AFTRA came out in support.
The Human Artistry Campaign last year also released poll figures showing that U.S. voters are “deeply concerned about the impact of AI on society.” According to the poll results, which were based on a survey conducted between July 25 and 29, 2024, among 808 Registered Voters Nationwide, 85% of those surveyed believed “we need new guardrails to protect people from being exploited by AI.”
As part of GRAMMYs on the Hill Advocacy Day in Washington DC, which ended with the introduction of the NO FAKES Act, Harvey Mason jr., CEO of the Recording Academy, said “as we enter a new era of technology, we must create guardrails around AI and ensure it enhances – not replaces – human creativity.”
This article was updated on 4/11/2025 to delete Adobe from the list of supporters of the bill named in the RIAA press release. The RIAA release named Adobe in error.
Image Source: Deposit Photos
Author: phonlamai
Image ID: 207012486
As I’ve noted before, there is continual lobbying to expand and add yet more artificial IP rights.1 This one, like patent and copyright, seems also partially aimed at hobbling AI.2 Sad.
- The Mountain of IP Legislation; Project Copyright! Bill Giving IP Protection to Fashion Moves Forward; other fashion-rights-related posts; Anti-Deepfake Porn Laws: The Latest Type of IP; Defamation as a Type of Intellectual Property; database rights; A National Right of Publicity: the Federal Anti-Impersonation Right (FAIR); Bartenders Looking For Greater Intellectual Property Protection For Drinks; Daft Idea Of The Week: Giving People Copyright In Their Faces; Ban on “revenge porn”. [↩]
- See Whereupon Grok admits it (and AI) is severely gimped by copyright law , Libertarian and IP Answer Man: Artificial Intelligence and IP, and other posts. [↩]
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