No Fakes: A Property Rights-Based Solution to the AI Impersonation Problem
By Michael DeSantis
In today’s rapidly evolving digital landscape, generative artificial intelligence (AI) presents incredible opportunities for innovation and creativity. But as with all powerful technologies, it also brings significant risks—especially when it comes to the unauthorized use of an individual’s likeness, voice, or image. The NO FAKES Act of 2024, recently introduced in the U.S. Senate, aims to establish a federal framework to protect Americans from the misuse of their personal identity in digital forms not through top-down regulation but through a bottom-up individual rights framework.
At its core, the NO FAKES Act gives every American the right to control their own likeness and voice. Whether you’re a famous recording artist like Taylor Swift or an everyday citizen, this bill establishes a federal property right over your personal identity when it comes to unauthorized AI-generated digital replicas. This protection is a significant leap forward for property rights.
The NO FAKES Act would address the misuse of non-consensual digital replications in audiovisual works, images, or sound recordings by holding individuals and companies liable for producing unauthorized digital replicas without consent. It also holds platforms liable for hosting these replicas if they are aware of the unauthorized nature of the content. Importantly, the bill includes exemptions based on First Amendment protections for legitimate uses like documentaries, parody, and commentary. The Act’s goal is to create a national standard that largely preempts inconsistent state laws on digital replicas, providing clear rules across the country
Support for the NO FAKES Act spans across the creative and tech sectors—endorsed by a cross-section of the creative and tech industries, including the Recording Industry Association of America (RIAA), the Motion Picture Association (MPA), the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA), OpenAI, and IBM.
As the music community embraces pro-artist, human-first uses of AI, the NO FAKES Act represents a huge step forward for smart, effective, guardrails against irresponsible and unethical uses of these technologies,” said Mitch Glazier, Chairman and CEO, Recording Industry Association of America. “By returning to first principles and creating an enforceable new intellectual property right, the legislation lays the foundation for free-market negotiations that will propel both innovation and safety forward in AI, not just for artists but for everyone. The Recording Industry Association of America extends its deepest thanks to Senators Coons, Blackburn, Klobuchar, and Tillis and their teams for their persistent leadership in bringing stakeholders together to support this balanced, thoughtful, forward-looking legislation.”
“The Motion Picture Association thanks Senators Coons, Blackburn, Klobuchar, and Tillis for their work on the NO FAKES Act,” said Charles Rivkin, Chairman and CEO, Motion Picture Association (MPA). “We support protecting performers from generative AI abuse – and this bill thoughtfully establishes federal protections against harmful uses of digital replicas, while respecting First Amendment rights and creative freedoms. We particularly appreciate the sponsors’ inclusion of safeguards intended to prevent the chilling of constitutionally protected speech such as biopics, docudramas, parody and satire – which will be necessary for any new law to be durable. The MPA looks forward to working closely with the bill’s sponsors as the NO FAKES Act makes its way into law.”
These stakeholders understand the importance of creating guardrails that prevent exploitation while encouraging innovation. By ensuring that individuals, especially creators, retain control over their identity, the bill lays the groundwork for negotiations.
For example, generative AI can help artists like country singer Randy Travis, who used AI to replicate his voice and release new music despite being unable to sing due to a medical condition. But the potential for abuse is equally immense. Unauthorized deep fakes, such as the infamous AI-generated song featuring pop stars Drake and The Weeknd, threaten the integrity of creative industries by flooding the market with counterfeit content. Without the NO FAKES Act, human-made art risks being undermined by a flood of fakes.
One of the Act’s most commendable features is its balanced approach to safeguarding free speech. While it provides strong protections against unauthorized use of digital replicas, it also respects First Amendment rights, ensuring that legitimate uses of AI—such as in documentaries, parodies, and critical commentary—are not hindered.
The time to act is now. AI technologies are advancing at lightning speed, and the legal framework must keep pace. By creating a “notice and takedown” mechanism similar to the Digital Millennium Copyright Act (DMCA), the NO FAKES Act enables rapid responses to unauthorized digital replicas. This ensures that online platforms can quickly remove harmful content without disrupting the broader flow of innovation.
The NO FAKES Act strikes a necessary balance between fostering innovation and protecting individual rights in the age of AI. By establishing a federal property right over one’s likeness and voice, it empowers every American to take ownership of their identity while ensuring that the creative and tech industries can thrive under clear, consistent rules.
As the legislation progresses through Congress, we at American Commitment strongly urge lawmakers to prioritize its passage. The future of creativity, innovation, and individual rights depends on it.