Senate Circulates Draft of Digital Replica Bill

By Jennifer E. Rothman
October 12, 2023

A draft of a digital replica bill to address concerns over AI-generated performances and sound recordings has just been made public, along with a related one-pager. This follows in the wake of the Senate's July hearing on copyright and AI.  I previously submitted comments to the Senate after the hearing in anticipation of such legislation.  The draft has been released by Senators Coons, Blackburn, Klobuchar, and Tillis in a showing of bipartisan support. It is currently titled the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act of 2023.

My initial comments submitted to the Senate did not focus on postmortem rights which are included in this draft legislation and deserve additional thought. I will be reviewing the draft bill in more detail and will share additional thoughts on this proposal soon.