Schiff Joins Salazar & Bipartisan House Colleagues in Introducing the NO FAKES Act

September 12, 2024

Washington, D.C.- Today, Representative Adam Schiff (D-Calif.) joined Representatives María Elvira Salazar (R-Fla.), Madeleine Dean (D-Penn.), Nathaniel Moran (R-Texas), Rob Wittman (R-Va.), and Joe Morelle (D-N.Y.) in introducing the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, the companion legislation to the version introduced in the U.S. Senate by Senators Chris Coons (D-Conn.), Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.), and Thom Tillis (R-N.C.).

The NO FAKES Act will protect the voice and likeness of all individuals from unauthorized, computer-generated recreations from generative artificial intelligence (AI) and other technologies.

"There is no doubt that AI will change our economy and workplace, how we learn and are entertained, and so much more," said Rep. Schiff. "The NO FAKES Act will protect innovation while safeguarding the rights, contributions, and livelihoods of all creators. I am proud to join in introducing this important bipartisan legislation that will establish a national standard to protect creators while supporting exciting, new AI technologies."

"AI abuse threatens the ability of Americans to express themselves publicly, both online and in-person. While states like Florida are taking action, Congress needs to address this issue nationwide," said Rep. Salazar. "The NO FAKES Act will strengthen federal protections for your individual right to your voice and likeness and protect our ability to express ourselves creatively for the world to see."

From the biggest entertainers to everyday Americans, non-consensual voice and image clones can ruin careers, deceive families and friends, and traumatize victims. The American people need clear rules that empower individuals to control their own faces and voices while encouraging innovation and ensuring that the United States remains the world leader on artificial intelligence.

The NO FAKES Act will:

• Recognize that every individual has a federal intellectual property right to their own voice and likeness-including an extension of that right for the families of individuals after they pass away;
• Empower individuals to take action against bad actors who knowingly create, post, or profit from unauthorized digital copies of them;
• Protect responsible media platforms from liability if they take down offending materials when they discover them;
• Ensure innovation and free speech are protected; and
• Provide a nationwide solution to a patchwork of state laws and regulations by January 2, 2025.

"As AI's prevalence grows, federal law must catch up-we must support technological innovation while preserving the privacy, safety, and dignity of all Americans," Rep. Dean said. "By granting everyone a clear, federal right to control digital replicas of their own voice and likeness, the NO FAKES Act will empower victims of deep fakes; safeguard human creativity and artistic expression; and defend against sexually explicit deepfakes. I'm grateful to work with Congresswoman Salazar and our colleagues on both sides of the aisle to move forward with commonsense, common ground regulations of this new frontier of AI."

"Artificial Intelligence has immense potential to create and develop remarkable products when used responsibly. However, AI poses a threat not just to the originality of artists, but also by opening the door generally to nefarious actors who create and distribute nonconsensual deepfake images and voice replicas," said Rep. Moran. "The NO FAKES Act will establish essential legal protections to shield individuals from the misuse of AI-generated content that exploits their image and likeness. This legislation is crucial for safeguarding against harmful deepfakes and ensuring civil liability for those who improperly use unauthorized AI-generated content, while not restricting our innovation economy."

"As the use of artificial intelligence proliferates across our society, we must protect all Americans - from artists to innocent young children -- from deepfakes and non-consensual voice and image clones that can ruin their careers, deceive friends and families, and traumatize victims," said Rep. Wittman. "The bipartisan NO FAKES Act is an important step in safeguarding Americans from bad actors who may try to exploit their creativity or generate sexually explicit deepfakes. I'm proud to join my colleagues in introducing this critical piece of legislation to counter AI's potential threats to Americans' safety while balancing the need for American innovation."

"A.I.-generated deepfakes are incredibly dangerous, and if left unchecked, they will erode critical privacy protections and have devastating impacts on their victims," said Rep. Morelle. "As a long-time advocate for intellectual property protections, I'm proud to lend my support to the bipartisan NO FAKES Act, common-sense legislation to ensure our laws stay up to date with the ever-evolving technological landscape. I look forward to working with my colleagues to swiftly pass this bill into law."

"Everyone deserves the right to own and protect their voice and likeness, no matter if you're Taylor Swift or anyone else," said Senator Coons. "Generative AI can be used as a tool to foster creativity, but that can't come at the expense of the unauthorized exploitation of anyone's voice or likeness. I am grateful for the bipartisan partnership of my Senate and House colleagues and the support of stakeholders from across the entertainment and technology industries as we work to find the balance between the promise of AI and protecting the inherent dignity we all have in our own personhood. I am excited to watch this bill build support on Capitol Hill and beyond, and will work to pass it into law as soon as possible."

"Tennessee is known around the world for its rich music history and is home to an incredibly talented creative community," said Senator Blackburn. "Artists' rights to their voice, image, and likeness must be protected under the law, and the NO FAKES Act is an important first step in protecting our creative community against the misuse of generative AI."

This bill is a bipartisan, consensus solution that is ready to pass into law.

The NO FAKES Act is supported by the Human Artistry Campaign as well as major creative industry stakeholders including the Recording Industry Association of America, Motion Picture Association, Screen Actors Guild - American Federation of Television and Radio Artists, American Federation of Musicians, Artist Rights Alliance, Black Music Action Coalition, BMI, National Music Publisher Association, Fan Alliance, Organización de Voces Unidas, SESAC, Songwriters of North America, and William Morris Endeavor.

"The Senate and House are now aligned on a bipartisan, broadly supported approach that embraces responsible innovation while tackling harmful AI deepfakes with ethical, human-first safeguards. This alignment creates important momentum for achieving an enforceable federal intellectual property right this year. We applaud Representatives Salazar, Dean, Moran, Morelle and Wittman for leading the NO FAKES Act in the House. Their introduction of this landmark bill, also championed by Senators Coons, Blackburn, Klobuchar and Tillis in the Senate marks a major step forward towards concrete new protections for artists, fans and everyday Americans - safely balancing technological advancement and fundamental rights," said Mitch Glazier, Recording Industry Association of America (RIAA) Chairman & CEO.

"The Motion Picture Association thanks Representatives Salazar and Dean for introducing the NO FAKES Act in the House which joins its Senate companion in this bipartisan, bicameral effort. We support protecting performers from generative AI abuse - and this bill thoughtfully establishes federal protections against harmful uses of digital replicas, while respecting First Amendment rights and creative freedoms. We particularly appreciate the inclusion of safeguards intended to prevent the chilling of constitutionally protected speech such as biopics, docudramas, parody and satire. The MPA looks forward to working closely with the bill's House and Senate sponsors as the NO FAKES Act makes its way into law," said Charles Rivkin, MPA Chairman and CEO.

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