Tag: Digital Replicas

House Introduces Its Companion Version of NO FAKES Act

The House has introduced its own version of the NO FAKES Act. Apparently, at least some in the House are shifting gears from the earlier No AI FRAUD Act given the broader support for the revised version of the Senate's NO FAKES Act.  This suggests some increased momentum to move forward with something along the...

Copyright Office Calls for Congressional Action on Digital Replicas

Late this summer, the U.S. Copyright Office released the first of its planned reports on Copyright and Artificial Intelligence. This one, designated as Part 1, addresses “Digital Replicas”. It was notably released the same day that members of the Senate introduced a bipartisan digital replica bill. The Report generally supports a federal digital replica law...

NO FAKES Act Introduced in Senate

On July 31st, right before the summer recess, a bipartisan group of Senators introduced the NO FAKES Act, which has been substantially revised and improved from the previously circulated discussion draft. The bill seeks to address concerns over the use of unauthorized digital replicas of real people in the wake of improved and widely available...

Copyright Office Releases Report on Digital Replicas

The U.S. Copyright Office released its first report addressing Copyright and Artificial Intelligence titled "Part I: Digital Replicas." Following Congress' lead, the Copyright Office's first analysis of the issues raised by AI focuses on digital replicas, not copyright law.  The report is accessible at this link. I will provide a more in-depth analysis of the...

Senate Formally Introduces Digital Replica Bill

After floating a discussion draft last year, a significantly revised and improved version of the legislation has been introduced in the Senate. The bill is a bipartisan effort to address AI-generated digital replicas at the federal level and is co-sponsored by Senators Koons, Blackburn, Klobuchar, and Tillis. The bill remains titled the NO FAKES Act...

Senate Holds Hearing on Ways to Improve Draft Digital Replica Bill

Yesterday, April 30, 2024, the U.S. Senate Judiciary Committee’s Subcommittee on Intellectual Property’s held a hearing on “The NO FAKES Act: Protecting Americans from Unauthorized Digital Replicas.” This was a follow-up to a prior Senate subcommittee hearing on AI which nominally focused on copyright law, but largely raised the issue of personality rights. The Senate...

California Considers a Digital Replica Law for the Dead

Joining the frenzy of states trying to address concerns over artificial intelligence (AI) and particularly concerns expressed by the recording industry, Assembly Member Rebecca Bauer-Kahan introduced a right of publicity bill in the California legislature, AB 1836, that would add a digital replica provision to California's postmortem right of publicity statute, Cal. Civ. Code §...

Tennessee Governor Signs ELVIS Act, Greatly Expanding State’s Publicity Statute

Yesterday, Governor Bill Lee signed into law the ELVIS Act which replaces the prior right of publicity statute in Tennessee.  It goes into effect on July 1st. I analyzed the new law in detail earlier this week. The law uncontroversially adds voice to the enumerated protections but also greatly expands the scope of liability and...

House Hearing on AI Takes Seriously the Dangers of Transferring Rights to a Person’s Voice and Likeness

Last Friday, February 2nd, the House Subcommittee on Courts, Intellectual Property, and the Internet considered what, if anything, to do about AI and the unauthorized use of a person's voice and likeness.  The hearing was held in Los Angeles to coincide with Grammys weekend. The hearing focused in part on the recently proposed No AI...

House’s Draft AI Bill Risks Loss of Control over Our Own Voices and Likenesses

***UPDATED TO REFLECT INTRODUCTION TO CONGRESS On January 9, 2024, Representative Maria Salazar circulated a draft of a bill to address voice and likeness rights in the context of AI. The bill is titled “No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act of 2024,” shorthanded as the “No AI FRAUD Act.” Unfortunately, despite its...