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Washington pushes for new AI rules that protect artists as Hollywood backlash grows
Senators are pushing to introduce a bill as early as June that would establish rules governing the use of artificial intelligence in the music and film industries, an effort that coincides with new tensions over AI plaguing Hollywood.
The NO FAKES Act — which stands for Nurture Originals, Foster Art, and Keep Entertainment Safe — is a bipartisan proposal that would prevent individuals or companies from using AI to produce an unauthorized digital replica of their image or voice.
The lead sponsor is Senator Chris Coons (D-DE), chairman of the Senate Intellectual Property Subcommittee.
He and Senators Amy Klobuchar (D-MN), Marsha Blackburn (R-TN) and Tom Tillis (R-NC) are still discussing details with artists, the music industry and the film industry, according to Senate aides.
U.S. Senator Chris Coons (D-DE), the lead sponsor of the NO FAKES Act. Photo: REUTERS/Al Drago (REUTERS/Reuters)
“We will have to draft a national AI bill or the world will not be the same as we know it,” Klobuchar said.
“Composers, actors and our incredibly talented creative community deserve the right to own their voice, image and likeness,” added Blackburn, the lead Republican on the bill.
Concerns about AI’s effect on the entertainment industry intensified last week due to a conflict between actress Scarlett Johansson and OpenAI, the maker of ChatGPT.
She accused OpenAI of using a voice “eerily similar” to hers in its new chatbot, although she declined the company’s request to use her voice. OpenAI has since abandoned the use of voice, but has not indicated why.
Scarlett Johansson at the 76th Cannes Film Festival in 2023. Photo: REUTERS/Yara Nardi (REUTERS/Reuters)
Musical artists are also increasingly concerned that there is little protection for their own names, images and voices used to create AI-generated music.
Singers Ariana Grande and Lainey Wilson are among those who have had their voices imitated without permission, while last year an anonymous artist released a song called “Heart on my Sleeve” that falsely impersonated the voices of Drake and The Weeknd.
“The toothpaste is out of the tube,” musician Sheryl Crow said earlier this month while participating in an annual lobbying event in Washington known as Grammys on the Hill.
“We’re going to have to try to figure out a way to create protective parameters and barriers. We’ve already seen artists whose voices were used after they passed away. We’re also seeing artists being used when they have nothing to do with something that’s been publicized that is terrifying.”
Sheryl Crow performing in 2023. REUTERS/Eduardo Munoz (REUTERS/Reuters)
There are some important issues for senators to discuss before any national AI bill can be considered for a vote.
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They have to figure out whether this law would replace a certain patchwork of state laws that are already on the books, like the ELVIS Act in Tennessee.
They also have to decide how long they will impose restrictions on licensing and transfers of an artist’s digital replica and how long postmortem rights will last.
A draft version of the bill would extend authorization for digital replication to the heirs, executors or assigns of a deceased person for a period of 70 years, which is modeled after the equivalent term for copyright protection.
Some in the film industry want Year Zero, while others in the music industry believe it should last forever. Others believe that it should only survive as long as the work is being sold.
The film industry supports protecting artists from unauthorized replication of their images and voices, but has warned lawmakers to be careful not to limit First Amendment rights and regulate the content of speech.
“Very careful crafting will be required to achieve the goal of addressing these harms without inadvertently chilling the legitimate and constitutionally protected use of technologies to enhance storytelling in our industry,” said Ben Sheffner, senior vice president of the Motion Picture Association, at 30 April while testifying before the Senate Intellectual Property Subcommittee.
Ben Sheffner, senior vice president of the Motion Picture Association, speaks during an April 30 hearing before a Senate subcommittee. (Photo by Anna Moneymaker/Getty Images) (Anna Moneymaker via Getty Images)
Sheffner pointed to an example from the movie Forrest Gump, starring Tom Hanks. Filmmakers used digital replica technology at the time to portray Gump’s interactions with historic presidents John F. Kennedy, Lyndon Johnson and Richard Nixon, and this did not require the heirs’ consent.
The concern is that if consent were required, properties would have the ability to censor depictions they don’t like, which would violate the First Amendment.
The head of the Grammys, Recording Academy CEO Harvey Mason Jr., is encouraged by the discussions in Washington led by Senator Coons.
“It was wonderful to see how receptive people were on both sides of the aisle on the issue of protecting the image, voice and likeness of creators,” Mason said after meeting with the White House and lawmakers on Capitol Hill.
The House has its own bill in the works to combat AI crimes in the entertainment industry, called the No AI Fraud Act, which also aims to establish a federal framework to protect someone’s voice and image.
A Senate Republican aide told Yahoo Finance that talks have begun with the House but are in the early stages as the details of the Senate bill are ironed out.
It is unclear what role Senate Majority Leader Chuck Schumer (D, NY) will play in this potential legislation.
Senate Majority Leader Chuck Schumer, D-NY. (AP Photo/J. Scott Applewhite) (ASSOCIATED PRESS)
He presented a long-awaited roadmap this month detailing actions that congressional committees should take to address the advances and risks of artificial intelligence.
While the new roadmap does not reference any specific legislation on AI entertainment, it does reference the need for legislation that protects against the unauthorized use of someone’s name, image, likeness and voice, consistent with First Amendment principles.
In general, Schumer does not intend to pass a complete AI legislative package, but rather to pass piecemeal legislation. Some types of stand-alone legislation may be attached to other legislation that must be passed.
With six months left until the end of the current Congress in an election year, Senate advisors are still optimistic that something can be approved.
“There will be great innovations with AI, but we have to allow people to have their own voices and their own artwork,” Klobuchar said.
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