The draft bill, circulated with bipartisan Senate support, would codify right of publicity protections for artificial intelligence (AI) creations that replicate any individual, not just those with commercially valuable likenesses.
Generative AI seems like it can do almost anything. It can create a new Jimmy Stewart bedtime story. In a snake-meets-tail twist, it can even impersonate Scarlett Johansson promoting an AI-generation app. With its draftNurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES Act), a group of senators is attempting to set some guardrails to protect those whose likenesses are replicated by AI from harm.
The bill is aimed at digital replicas, which cover AI- or computer-generated imagery, voices, or visual likenesses. It only extends to replicas used in sound recordings or audiovisual works. Liability arises when creating a digital replica without consent or publishing, distributing, transmitting, or otherwise making such a replica publicly available. However, the bill requires knowledge that the replica is unauthorized if it is applied against anyone other than the creator or creators.
The right is descendible, meaning it can be exercised by an affected individual's executor, heir, assign or devisee if that individual is dead. A person is protected from unauthorized digital replicas for their lifetime and...
