Blackburn, Coons Bipartisan Bill to Protect Individuals and Creators from Deepfakes Passes Senate Judiciary Committee

WASHINGTON, D.C. - Today, U.S. Senators Marsha Blackburn (R-Tenn.) and Chris Coons (D-Del.) released the following statements after their bipartisan Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act advanced unanimously out of the Senate Judiciary Committee. This legislation would protect the voice and visual likenesses of individuals and creators from the proliferation of digital replicas created without their consent.

Additionally, Senators Thom Tillis (R-N.C.), Amy Klobuchar (D-Minn.), Dick Durbin (D-Ill.), Katie Britt (R-Ala.), Mazie Hirono (D-Hawaii), Ashley Moody (R-Fla.), Peter Welch (D-Vt.), Bill Cassidy (R-La.), Adam Schiff (D-Calif.), Bill Hagerty (R-Tenn.), Elissa Slotkin (D-Mich.), Richard Blumenthal (D-Conn.), Rick Scott (R-Fla.), and James Lankford (R-Okla.) are original co-sponsors of this legislation. Companion legislation was introduced in the House by U.S. Representatives Maria Salazar (R-Fla.) and Madeleine Dean (D-Penn.).

NO FAKES ACT

The NO FAKES Act would address the use of non-consensual digital replications in audiovisual works or sound recordings by:

• Holding individuals or companies liable if they distribute an unauthorized digital replica of an individual's voice or visual likeness;

• Holding platforms liable for hosting an unauthorized digital replica if the platform has knowledge of the fact that the replica was not authorized by the individual depicted;

• Excluding certain digital replicas from coverage based on recognized First Amendment protections; and

• Preempting future state laws regulating digital replicas.

Senators Blackburn and Coons introduced a revised version of the NO FAKES Act last month. This version:

• Adds a counter-notice procedure to better protect Americans' free speech rights;

• Provides an exemption for libraries, archives, and research institutions to ensure that the study of digital replicas is not inhibited; and

• Makes technical fixes to ensure that the bill works as designed for streaming music platforms.

Click here to read the bill text.

Click here to read the section-by-section.

ENDORSEMENTS

This legislation is endorsed by the Recording Industry Association of America (RIAA), SAG-AFTRA, Motion Picture Association, YouTube, Recording Academy, Universal Music Group, Warner Music Group, Sony Music, IBM, TikTok, OpenAI, Disney, The Independent Film & Television Alliance (IFTA), WME, Creative Artists Agency (CAA), Human Artistry Campaign,Nashville Songwriters Association International (NSAI), Department for Professional Employees at AFL-CIO (DPE), AFL-CIO, National Association of Broadcasters, Vermillio, Hive, National Music Publishers' Association (NMPA), American Society of Composers, Authors and Publishers(ASCAP), Authors Guild, CreativeFuture, American Bar Association, National Association of Voice Actors (NAVA), Music Artists Coalition (MAC), Television Academy, Enough is Enough, Rape, Abuse & Incest National Network (RAINN), National Center on Sexual Exploitation (NCOSE), Songwriters of North America, Getty Images, American Medical Association (AMA), American Federation of Musicians, and Broadcast Music, Inc. (BMI). Read statements from these supporting organizations here.

RELATED

• Blackburn, Coons, Salazar, Dean, Colleagues Introduce Revised Version of NO FAKES Act