NO FAKES Act Returns to Congress With Support From YouTube, OpenAI for AI Deepfake Bill
The NO FAKES Act was reintroduced to the U.S. House of Representatives and Senate on Wednesday (April 9) with the help of country legend Randy Travis, his wife Mary Travis and Warner Music Group CEO Robert Kyncl.
The reintroduction of the bill, designed to protect artists against unauthorized AI deepfake impersonations, was part of the Recording Academy’s annual GRAMMYs on the Hill initiative, in which the organization visits D.C. to meet with elected officials and advocate for a variety of music-related causes. On Wednesday, the GRAMMYs on the Hill Awards celebrated Travis, along with U.S. Representatives Linda Sánchez (D-CA) and Ron Estes (R-KS), for their dedication and advocacy for the rights of music creators.
Introduced by Senators Marsha Blackburn (R-TN), Chris Coons (D-DE), Thom Tillis (R-NC) and Amy Klobuchar (D-MN) and Representatives María Elvira Salazar (R-FL-27), Madeleine Dean (D-PA-4) Nathaniel Moran (R-TX-1), Becca Balint (D-VT-At Large), the NO FAKES Act has also found new supporters in an unlikely place: the tech industry. The bill is now supported by tech giants like YouTube, OpenAI, IBM and Adobe, showing a rare moment of solidarity between artists and big tech in the AI age.
The NO FAKES Act was first introduced as a draft bill in 2023, and formally introduced to the Senate in the summer of 2024. If passed, the legislation would create federal intellectual property protections for the so-called right of publicity for the first time, which adds restrictions to how someone’s name, image, likeness and voice can be used without consent. Currently, these rights are only protected at the state level, leading to a patchwork of varying laws around the nation.
Unlike some of the patchy state publicity rights laws, the federal right that the NO FAKES Act would create would not expire at death and could be controlled by a person’s heirs for 70 years after their passing. There are, however, specific carve outs for replicas used in news, parody, historical works and criticism to ensure the First Amendment right to free speech remains protected.
Over the last few years, as AI voice models have continued to develop, many artists have often found themselves on the receiving end of AI deepfakes. In 2023, the AI music craze kicked off with the so-called “fake Drake” song “Heart On My Sleeve” which featured the unauthorized AI voices of Drake and the Weeknd. Last year, Taylor Swift, for example, was the subject of a number of sexually-explicit AI deepfakes of her body; the late Tupac Shakur‘s voice was deepfaked by fellow rapper Drake in his Kendrick Lamar diss track “Taylor Made Freestyle,” which was posted, and then deleted, on social media.
Even President Donald Trump participated in the deepfake trend, posting an unauthorized AI image of Swift allegedly endorsing him during his campaign to return to the White House.
“Recently, I was made aware that [an] AI [image] of ‘me’ falsely endorsing Donald Trump’s presidential run was posted to his site. It really conjured up my fears around AI, and the dangers of spreading misinformation,” Swift wrote in an Instagram post soon after. “It brought me to the conclusion that I need to be very transparent about my actual plans for this election as a voter. The simplest way to combat misinformation is with the truth.”
Overall, the bill has seen widespread support among the entertainment industry establishment. According to a press release about the bill’s reintroduction, it is celebrated by Sony Music, Warner Music Group, Universal Music Group, the Recording Industry Association of America, the Recording Academy, SAG-AFTRA, Human Artistry Campaign, Motion Picture Association and more.
Read the entertainment and tech industry’s reactions below:
Mitch Glazier, chairman and CEO of the RIAA, praised the bipartisan effort, saying “This bill proves that we can prioritize the growth of AI and protecting American creativity at the same time. We applaud Senators Blackburn, Coons, Tillis and Klobuchar; Representatives Salazar, Dean, Moran, Balint and bipartisan colleagues for their incredible leadership on driving this legislation that provides balanced and effective protections for all individuals against exploitative uses of their voice and likeness while supporting free speech, reducing litigation and achieving the promise of AI technology.”
Harvey Mason jr., CEO of the Recording Academy, added: “The Academy is proud to represent and serve creators, and for decades, GRAMMYs on the Hill has brought music makers to our nation’s capital to elevate the policy issues affecting our industry. Today’s reintroduction of the NO FAKES Act underscores our members’ commitment to advocating for the music community, and as we enter a new era of technology, we must create guardrails around AI and ensure it enhances – not replaces – human creativity.”
Kyncl added: “I applaud Senators Blackburn and Coons and Representatives Salazar and Dean for their leadership in introducing the NO FAKES Act. This bill reflects what can happen when tech and creative industries come together – foster cutting edge innovation while protecting human identity and artistry. We look forward to working with key members of the US Senate and House to help pass the NO FAKES Act this year.”
A spokesperson for Sony Music said: “Sony Music is proud to support the No FAKES Act to promote the ethical use of AI and give artists more control over their identity and creative expression. Thank you to the Senate and House sponsors for continuing to champion this bipartisan legislation, which will provide meaningful protections against the unauthorized use of an artist’s voice and image. We look forward to working towards passage of this legislation allowing AI innovation and creativity to flourish.”
A spokesperson for UMG said: “Universal Music Group applauds the reintroduction of the NO FAKES Act – landmark, bipartisan, bicameral legislation to address ‘deepfakes’ and other threats to individuals’ rights to control their own voice and visual likeness. At once, this legislation secures First Amendment protections and takes a critical step to ensure all Americans can protect and control their own persona. We are grateful to the bill’s sponsors for their thoughtful leadership on this important issue.”
Leslie Miller, vp of public policy at YouTube said: “For nearly two decades, YouTube has been at the forefront of handling rights management at scale, and we understand the importance of collaborating with partners to tackle these issues proactively. Now, we’re applying that expertise and dedication to partnership to ensure the responsible deployment of innovative AI tools. We thank Senators Coons and Blackburn, and Representatives Salazar and Dean, for their leadership on the NO FAKES Act, which is consistent with our ongoing efforts to protect creators and viewers, and reflects our commitment to shaping a future where AI is used responsibly.”
Graham Davis, CEO/president of the Digital Media Association (DIMA) said: “We appreciate the hard work of Senators Coons, Blackburn, Tillis, and Klobuchar, and Representatives Salazar and Dean, on the NO FAKES Act. While progress has been made on certain areas of this important bill, further work is needed to achieve workable federal digital replica legislation. DIMA has consistently expressed a willingness to support and contribute to this process, and we look forward to the opportunity to help strengthen and further improve the bill for all stakeholders.”
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