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The Recording Academy - National Academy of Recording Arts & Sciences Inc.

08/29/2024 | News release | Distributed by Public on 08/29/2024 13:56

Recording Academy Champions Artist Protections Against AI Misuse Across the States

While Washington, D.C. quiets down with Congress out for the August recess, the Recording Academy has ramped up its advocacy efforts, engaging with state governments across the nation. This work focuses on enacting legislation to protect artists' images and voices from unauthorized regenerative AI, highlighting the need for a safer, more equitable environment for creators.

Texas Takes Center Stage

On August 27th, Texas found itself at the heart of these efforts when Recording Academy member Josh Abbott testified before the state's Senate Committee on Business and Commerce. As the frontman of the Josh Abbott Band, he spoke passionately about the importance of safeguarding an artist's unique identity, emphasizing the personal violation that occurs when AI duplicates are used without consent.

"My voice and image set me apart. It is part of what defines me as an individual and drives my career. When others use an artist's voice and likeness without consent, it is a personal and fundamental violation that strikes at the heart of who we are and what we do as creators," Abbott testified.

In his testimony, Abbott pointed out that while Texas law currently recognizes property rights to an individual's name, voice, and likeness after death, it fails to protect living creators. He urged Texas lawmakers to pass strong protections to safeguard human creativity. "AI fakes don't care if you're famous, an actor, a recording artist, or even if you're alive or dead. AI frauds and deepfakes can impact everyone. False and unauthorized depictions driven by digital technology can destroy relationships, businesses, public trust, livelihoods and legacies."

While at the state capitol, Abbott found time to meet with a number of lawmakers working on AI issues. When the legislature reconvenes in early 2025 for the state's 89th legislative session, the Recording Academy anticipates that there could be active legislation around AI policy.

California's Cultural Economy and Artist Protections

In California, advocacy efforts were equally vibrant. On August 16th, Qiana Conley Akinro, Senior Executive Director of the Recording Academy's Los Angeles Chapter, took a stand at the California Assembly Select Committee on Downtown Recovery during a field hearing on "Revitalizing Struggling Downtowns Through Arts, Culture, and Entertainment" in San Diego.

Conley Akinro discussed the impact the Recording Academy members have in California along with the overall value of arts and culture to the state's economy. Music, alone, contributes $39.5 billion to the state's GDP according to research by the RIAA, the Otis College Report on the Creative Economy found that 7.6 percent of all jobs in California are tied to creative industries.

Conley Akinro also spoke about the critical importance of legislative protections for artists against unauthorized AI duplicates. Specifically, she highlighted the significance of the Recording Academy-endorsed Assembly Bill 1836, which seeks to extend California's "Right to Publicity" law to deceased individuals, preventing their likeness from being exploited without consent. This bill, she argued, is just as crucial for living artists, particularly in the age of AI.

"As artists embrace the potential for innovation with Artificial Intelligence, it's crucial that there are effective guardrails in place that preserve the essence of human creativity," she testified. "No challenge is more pressing than the rapid growth of AI-generated digital replicas that impersonate an individual's distinct image, likeness, or voice without consent or compensation." She urged the state senate to pass the bill, which has already cleared the Assembly.

Georgia and Virginia Look Forward

Meanwhile, Georgia is contemplating new legislation inspired by Tennessee's Ensuring Likeness Voice and Image Security (ELVIS) Act. On August 14th, Georgia Senate Committee on Artificial Intelligence Chair John Albers discussed the potential adoption of similar protections that include stronger guardrails on regenerative AI.

Read more: How The House's No AI FRAUD Act And Tenn.'s ELVIS Act Will Protect Human Creativity

The law endorsed by the Recording Academy in Tennessee safeguards an individual's voice against misuse and imposes liability on companies that offer tools capable of replicating someone's voice or likeness. Given the state's vibrant creative industries, Georgia could become the third state to adopt similar protective legislation.

Virginia also took steps to potentially address AI concerns. On August 20th, Recording Academy's Managing Director of State and Federal Advocacy Michael Lewan participated in a virtual roundtable on AI hosted by Virginia Delegate Jackie Glass. The discussion, which included Delegate Michelle Maldonado, focused on AI's implications for the music industry. Both delegates discussed the potential to introduce comprehensive legislation in 2025 to safeguard Virginians against AI misuse.

Looking Ahead to Music Advocacy Day

As the summer advocacy efforts wrap up, the Recording Academy is gearing up for its 10th Music Advocacy Dayon October 1st. This event will provide members nationwide with the opportunity to engage directly with their congressional representatives, continuing the push for meaningful protections for music creators in the face of evolving technological challenges.

For more details and to participate in the upcoming Music Advocacy Day, members can register here.

Music Advocacy Day Returns to Mark a Decade of Influencing Policy for Music Creators