NO FAKES Act Introduced in House — Bill Would Establish Federal Right of Publicity

Photo Credit: Human Artistry Campaign

The NO FAKES Act has been introduced in the House, and the Human Artistry Campaign endorses the effort, which would create federal IP rights.The NO FAKES Act (Nurture Originals, Foster Art, Keep Entertainment Safe) has been introduced today in the US House of Representatives by Reps. María Elvira Salazar (R-FL-27), Madeleine Dean (D-PA-4), Nathaniel Moran (R-TX-1), Joe Morelle (D-NY-25), Rob Wittman (R-VA-1), and Adam Schiff (D-CA-30).

First introduced in the Senate in July, the NO FAKES Act creates a federal right of publicity that will protect all Americans against unauthorized digital replicas in the age of AI. The NO FAKES Act aims to accelerate the push for protection against invasive AI deepfakes, voice clones, and other nonconsensual digital replicas, while establishing a system of accountability. Organizations, including the Human Artistry Campaign, have spoken out in favor of the effort.

“The Human Artistry Campaign unequivocally believes everyone deserves a right to their own voice and image. We commend Representatives Salazar, Dean, and their colleagues for their united efforts in making that a reality as unethical AI deepfakes and highly realistic voice clones invade and victimize our communities,” said Human Artistry Campaign Senior Advisor Dr. Moiya McTier.

“The NO FAKES Act is essential to protecting people and our culture while acknowledging long-held exceptions for free speech. As some unethical AI developers move recklessly forward, Congress must pass this bipartisan legislation.”“The Recording Academy is thrilled to celebrate the introduction of the NO FAKES Act in the House — alignment with the Senate on this bill represents an important step in the bipartisan, bicameral effort to establish a federal right of publicity that will protect artists, creators, and all Americans in this new era of technology,” said Harvey Mason Jr., Recording Academy CEO.

“Since I testified before the House on the impacts of AI on the creative industries this February, it’s been a privilege to be a part of the music community’s work to move the needle on meaningful legislation that ensures AI enhances, not replaces, human creativity. The Academy thanks Reps. Salazar, Dean, Moran, Morelle, Whitman, and Schiff for their leadership of the NO FAKES Act in the House, and we will continue to advocate for music creators by collaborating with Congress to pass this landmark bill into law.”

On a state level, the Recording Academy played a critical role in moving forward both Tennessee’s ELVIS Act and Illinois’ HB 4875, which were both signed into law earlier this year, along with California’s AB 1836, which passed the state’s Senate last week.

Each of these bills updates their state’s right of publicity law to address the emerging challenges posted by generative AI, including protections against the creation of unauthorized digital replicas.