Late last month Tom Hanks warned fans that the video of him allegedly paying for dental care was in fact fake, created by artificial intelligence.
And back in April, a viral song supposedly featuring Drake and The Weeknd turned out to be a work artificially intelligent mimicry too much.
Both cases illustrate the growing threat that computer-generated voice and video clones pose to brand-conscious artists. Now they’re also being cited by a bipartisan group of senators proposing a proposed policy aimed at curbing so-called deep fakes.
The bill, called the Cultivating Originals, Supporting the Arts, and Keeping Entertainment Safe, or NO FAKES Act, would give both celebrities and ordinary people the ability to take legal action over unauthorized copies of their images by artificial intelligence, according to the draft legislation being discussed.
People whose voice or image has been reproduced without their consent by artificial intelligence software can, under the law, file a claim for damages against both the creator of the AI clone and any platforms that knowingly hosted, published or distributed it. according to the project under discussion.
The discussion draft also includes a number of First Amendment exceptions, including the use of digital clones for news, sports broadcasts and documentaries, and in cases of “commentary, criticism, scholarship, satire or parody.”
“Generative AI has opened the door to exciting new artistic possibilities, but it also presents unique challenges that make using someone’s voice, image or likeness without their consent easier than ever,” said Sen. Chris Coons (D-S.C. Delaware). , one of the project’s co-authors, in a written statement. “Creators across the country are calling on Congress to develop clear policies governing the use and impact of generative AI, and Congress must find the right balance to protect individual rights, respect the First Amendment, and promote innovation and creativity in AI.”
Koons is sponsored by Sens. Marsha Blackburn (R-TN), Thom Tillis (R-NC) and Amy Klobuchar (D-MN).
The discussion draft is intended to lay out broad guidelines for what lawmakers think legislation on the issue should look like and also serve as a call for feedback, said a person familiar with the draft text but not authorized to speak publicly. He added that lawmakers intend to introduce legislation based on the draft language in the coming months.
While the senators’ proposal specifically focuses on household names such as Hanks, Drake and The Weeknd, the legal protections being considered would extend to non-celebrities.
“We don’t want movie studios to be able to replace a live actor with an AI-generated version of that actor,” said a person in the know. “We don’t want people sitting in their basements to be able to create songs that sound like Drake… and then send them to streaming platforms. … But at the same time, we don’t think it should only be available to famous people.”
Under currently proposed draft language, creators of AI clones would not be able to protect themselves by simply labeling their work as unauthorized.
Concerns about the unauthorized copying of images of individuals have existed for many years and have focused largely on the use of AI to create “deep fake” impersonations of politicians and celebrities. But a recent explosion in the quality and availability of artificial intelligence software has made the issue more pressing, prompting individuals and labor groups to fight back.
SAG-AFTRA, the union representing actors and other performers, currently on strike on various industry issues, including concerns about the path AI clones will be used by film and television studios. The Guild has been pushing for rules on how and when the technology can be used, which has proven to be a stumbling block.
The studios, for their part, have proposed new rules requiring performers to consent to the creation and use of screen doubles with artificial intelligence. However, the Union negotiators remained unsatisfied.
The trade union and studios recently re-entered negotiation.
To some extent, this technology has already appeared on movie screens. For example, the latest installment of the Indiana Jones franchise prominently featured an aged Harrison Ford, partially created using artificial intelligence. Various startups and companies are already looking to harness the computing power of AI to solve any problem, from visual effects work To dialogue dubbing.
“Songwriters, actors and our incredibly talented creative community deserve the right to own their name, image and likeness,” Blackburn said in a statement. “This legislation is a good first step in protecting our creative community.”