Shelly Palmer – Washington pushes for artificial intelligence regulations to protect artists amid backlash from Hollywood

A bipartisan effort is underway in Washington to introduce the NO FAKES Act, which aims to regulate the use of artificial intelligence in the entertainment industry. Senators Chris Coons (D-DE), Amy Klobuchar (D-MN), Marsha Blackburn (R-TN), and Tom Tillis (R-NC) are spearheading this initiative, responding to growing concerns about AI-generated replications of artists’ voices and similarities.

The proposed NO FAKES Act – an acronym for Nurture Originals, Foster Art and Keep Entertainment Safe – aims to prevent unauthorized digital replication of individuals. This comes as tensions rise in Hollywood over the impact of artificial intelligence on creative rights. Recently, actress Scarlett Johansson accused OpenAI of using a voice eerily similar to hers without consent, highlighting the urgent need for regulatory measures.

The music industry is equally concerned. Artists like Ariana Grande and Lainey Wilson have already seen unauthorized AI-generated imitations of their voices. Last year, an anonymous artist released “Heart on my Sleeve,” falsely impersonating Drake and The Weeknd. Sheryl Crow, speaking at Grammys on the Hill, emphasized the need to establish parameters and guardrails to protect artists.

A key issue in this legislation is the duration of posthumous rights. The bill proposes extending digital replication rights to heirs for 70 years, in line with copyright protection. Opinions vary, with some in the film industry advocating zero years, while others in music suggest perpetual rights.

The Motion Picture Association urged lawmakers to craft the bill carefully to avoid violating First Amendment rights. Ben Sheffner, senior vice president of the association, cited the use of digital replica technology in “Forrest Gump” to illustrate the potential for legal, constitutionally protected uses.

Parallel efforts in the House, such as the No AI Fraud Act, also seek to create a federal framework to protect artists’ rights. Senate Majority Leader Chuck Schumer’s recent AI roadmap highlights the need for legislation that protects the voice and likeness of individuals while respecting First Amendment principles.

With six months left in the current Congress, there is optimism that significant legislation will be passed: “There are great innovations in artificial intelligence, but we must allow people to have their own voices and artistic works,” Klobuchar said.

On the one hand, everyone should be protected against unauthorized use of their NIL (and audio). My good friend Terry Kawaja cloned my voice and created a meme that he posted on LinkedIn and X without asking me. It’s fun and funny and I don’t mind it… but what if I don’t like it?

On the other hand, if everyone has to do it (because they can), shouldn’t the law be more in line with our norms of behavior? What about the First Amendment?

As always, your thoughts and comments are welcome and encouraged. Just reply to this email. -S

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ABOUT SHELLY PALMER

Shelly Palmer is Advanced Media Professor in Residence at the SI Newhouse School of Public Communications at Syracuse University and CEO of The Palmer Group, a consulting firm that helps Fortune 500 companies with technology, media and marketing. Named LinkedIn’s “Top Voice in Technology,” he covers technology and business Good morning, New York, is a regular commentator on CNN and writes a popular daily business blog. He is a best-selling author and creator of the popular, free online course, Generative AI for executives. Follow @shellypalmer or visit Shellypalmer.com.