Hollywood Backs New Bill against Unauthorized AI Use
Hollywood spurs a bipartisan bill aimed at granting performers federal-level intellectual property rights to protect against unauthorized AI-generated deepfakes and voice clones.
Hollywood has recently spurred the introduction of a bill that aims to protect performers from the unauthorized use of their likeness in deep fakes and voice clones. This legislation, still without a counterpart at the federal level, was brought forth by a bipartisan group of House lawmakers.
The bill, proposed last Wednesday, seeks to grant individuals exclusive rights over their image, voice, and visual likeness. This means that under the proposed law, intellectual property rights would be conferred at the federal level, and any unauthorized uses could lead to severe penalties. The legislation enables individuals or groups whose rights are infringed upon to file lawsuits.
Dubbed the No AI Fraud Act, this proposal is a direct response to the increasing use of AI in creating deceptive content, such as artificial voice recordings of artists and misleading advertisements featuring performers. Hollywood unions and trade groups have been vocal in their call for a federal right of publicity law, pushing for consent requirements in the usage of an individual's voice and likeness. SAG-AFTRA president Fran Drescher highlighted the guild's commitment to protecting individuals and their intellectual property rights from exploitation, underscoring the industry's growing concern over the use of AI in creating content without proper authorization.
Sponsored by a group of bipartisan representatives, the bill also details posthumous rights, allowing for the transfer of these rights to an executor or heir for ten years. However, these rights expire if not used commercially for two years, posing potential avenues for exploitation.
Violations of these rights could incur a penalty of $50,000 per use or the actual damages suffered by the individual, in addition to any profits and punitive damages. The bill sets a four-year statute of limitations for filing lawsuits upon discovery of unauthorized use, and it also notes exemptions in cases where harm caused by use is negligible and considers factors such as transformative use and protected commentary.
Parallel to this, senators introduced separate legislation last October targeting the unauthorized use of AI-generated replicas. These legislative efforts gained momentum following the actors' strike, which highlighted AI as a key issue. The proposed law seeks to control the unauthorized use of actors' likenesses in various media, including songs and ads, referencing a specific instance where Tom Hanks appeared to endorse a product via AI-generated content. The proposed legislation stipulates that an individual’s voice and likeness are intellectual property rights, only valid if negotiated with legal representation.
Major industry players like Universal Music Group have been advocating for such legislation at the federal level. Universal Music Group CEO Sir Lucian Grainge emphasized the importance of protecting artists from unauthorized AI use of their identity, calling for congressional action against deepfakes. Similarly, Recording Industry Association of America CEO Mitch Glazier views the legislation as a crucial step in creating a safe and ethical AI ecosystem.