Protecting Artists from AI Impersonation: The No Fakes Act

Overview The No Fakes Act of 2023 seeks to shield artists, actors, and musicians from unsanctioned digital replicas of their identities. It aims to create a consistent set of rules that supersede state-by-state variations.

Main Objective: Bars the creation of a digital replica without permission from the concerned individual or rights owner.
Exceptions: News broadcasts, sports shows, documentaries, biographical works, parodies, satire, criticism, and specific commercial activities.
Duration: Protects individuals’ rights throughout their life and extends to their estate for 70 years post-death.

New York stands out among the few states explicitly restricting the use of digital replicas for deceased personalities without prior consent.
Growing concern emerged as AI tools mimicking voices or generating photos of celebrities became more prevalent. A notable incident involved an AI-rendered song of Drake and The Weeknd, released without their authorization.

Recording Industry Association of America (RIAA): Welcomes the move and emphasizes the difference between AI as an aide for human creativity and a tool infringing rights.
Human Artistry Campaign: Views AI as a potential medium for creativity, but condemns its misuse to pilfer copyrighted content or exploit artists’ likenesses.

Critic’s Take: Jeremy Elman of Duane Morris law firm feels the Act might not bring new protections to the table. Instead, it might inadvertently tread on existing rights. He advises caution, noting that the lawmakers should ensure new regulations don’t clash with existing Intellectual Property systems.

In essence, while AI offers groundbreaking possibilities, the balance between innovation and the protection of individual rights remains a matter of ongoing debate.