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CONSERVATIVE LEADERS & ORGANIZATIONS CALL ON CONGRESS TO PASS NO FAKES ACT
Bipartisan, Bicameral Legislation Would Protect Consumers, Individuals, & Artists from Nonconsensual Deepfakes
WASHINGTON, DC (October 21, 2024)
Several of America’s top conservative leaders and organizations have signed on to support the bipartisan NO FAKES Act, bicameral legislation that would foster innovations in artificial intelligence while protecting individuals from having their voice and likeness stolen and used in deepfakes and voice clones.
15 leaders from top conservative and free market organizations in the United States sent a letter in support of the legislation to the respective Chairs and Ranking Members of the House and Senate Judiciary Committees. The letter notes that the legislation protects individuals and artists from having their likeness stolen, while protecting First Amendment rights and continuing to support free market innovations in the development of AI.
The letter reads, in part:
The United States is the global leader in AI—from pioneering large language models to the advanced chips used to power them. AI will unlock new opportunities and economic growth across sectors, including for artists, creators, and the broader entertainment ecosystem.
However, as with any technology, bad actors will inevitably use it for harm. Legislation can play an important role in addressing these harms without stifling innovation. The NO FAKES Act strikes that balance.
From school students and faculty to famous celebrities like Taylor Swift, AI-generated digital replicas have been used for exploitative purposes. In some cases, students have seen AI-generated, nonconsensual intimate images (NCII) circulated by their classmates. In other cases, fake replicas of actors like Tom Hanks have been used in advertising.
The NO FAKES Act would provide tools for individuals, companies, and enforcement authorities to address harmful, non-consensual replicas and deep fakes, including by holding those who create these replicas liable. Importantly, the bill would also protect First Amendment protected use cases of digital replicas, such as for journalism or satire. We agree with the cosponsors of the legislation that it balances important equities—protecting the likenesses of individuals and creators, First Amendment considerations, and fostering U.S. leadership and innovation in AI.
The full letter can be read here. The Bill Text can be read here, and the summary here
Letter signees include:
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Bartlett Cleland, Executive Director, Innovation Economy Alliance
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Daniel J. Erspamer, Chief Executive Officer, Pelican Institute for Public Policy
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James Edwards, Founder and Executive Director, Conservatives for Property Rights
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Grover G. Norquist, President, Americans for Tax Reform
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James Erwin, Executive Director, Digital Liberty
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Jeffrey Mazzella, President, Center for Individual Freedom
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Tom Schatz, President, Council for Citizens Against Government Waste
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Matthew Kandrach, President, Consumer Action for a Strong Economy
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Phil Kerpen, President, American Commitment
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Evan Swarztrauber, Senior Fellow, Foundation for American Innovation * affiliation listed for identification only
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Caden Rosenbaum, Senior Policy Analyst, Libertas Institute
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Ryan Ellis, President, Center for a Free Economy
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Tom Giovanetti, President, Institute for Policy Innovation
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David Williams, President, Taxpayers Protection Alliance
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Caden Rosenbaum, Senior Policy Analyst, Libertas
HUMAN ARTISTRY CAMPAIGN APPLAUDS HOUSE INTRODUCTION OF NO FAKES ACT – ADVANCING FEDERAL VOICE & LIKENESS PROTECTIONS
US House Representatives María Elvira Salazar, Madeleine Dean, Nathaniel Moran, Joe Morelle, Rob Wittman and Adam Schiff Join with Senate to Introduce Consequential Bill Combatting AI Deepfakes & Other Nonconsensual Digital Replicas
Read Summary Here
WASHINGTON, DC (September 12, 2024)
The Human Artistry Campaign endorses the NO FAKES Act (Nurture Originals, Foster Art, and Keep Entertainment Safe), introduced today by US House Representatives María Elvira Salazar (R-FL-27), Madeleine Dean (D-PA-4), Nathaniel Moran (R-TX-1), Joe Morelle (D-NY-25), Rob Wittman (R-VA-1) and Adam Schiff (D-CA-30). The NO FAKES Act would create a federal intellectual property right to an individual's visual likeness and voice – accelerating the push for protection against invasive AI deepfakes, voice clones and other nonconsensual digital replicas – while also establishing a system of accountability and enforcement.
Read Bill Text Here + Summary Here
“The Human Artistry Campaign unequivocally believes everyone deserves a right to their own voice and image. We commend Representatives Salazar, Dean and their colleagues for their united efforts in making that a reality as unethical AI deepfakes and highly realistic voice clones invade and victimize our communities,” said Human Artistry Campaign Senior Advisor Dr. Moiya McTier. “The NO FAKES Act is essential to protecting people and our culture while acknowledging long-held exceptions for free speech. As some unethical AI developers move recklessly forward, Congress must pass this bipartisan legislation.”
A vital system for protecting people's images and voices from being manipulated and misused – from children terrorized by nonconsensual sexually explicit replicas of their bodies to artists' cloned voices performing songs they never recorded – the NO FAKES Act empowers all individuals across the country to protect their voice and likeness. The bill would also make taking down these harmful and embarrassing digital replicas easier for individuals.
The NO FAKES Act preserves existing state causes of action and rights of publicity such as Tennessee's groundbreaking ELVIS Act and includes carefully tailored exceptions to protect the public's genuine interest in free speech and creative storytelling.
Establishing clear federal policies and licensing requirements allows for responsible, pro-human innovation while also providing strong protections for artists, minors and the creator ecosystem. This bipartisan House companion bill aligns with Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN) and Thom Tillis (D-NC)'s initiative, released July 31. Representatives Salazar and Dean previously shepherded the No AI FRAUD Act, similar legislation combatting unethical and damaging uses of AI.
CREATIVE COMMUNITIES ENDORSE THE NO FAKES ACT:
"We simply can't accept a world where artists spend lifetimes developing their art only to have Generative AI exploit their work. The NO FAKES Act would be a powerful tool to not only help our community of over 550 independent labels continue to drive economic activity in this new era, but also to protect music's unique role in American culture. We thank this strong bipartisan group of House champions who are fighting for us with this bill.”
Lisa Hresko, A2IM General Manager
“The NO FAKES Act prioritizes crucial and necessary protections in the age of AI, while ensuring the right to free expression remains uninhibited. We thank Representatives María Salazar, Madeleine Dean, Nathaniel Moran, Joe Morelle, Rob Wittman, and Adam Schiff for their leadership on this issue, and in moving this bill forward.”
Maria A. Pallante, Association of American Publishers President
“The NO FAKES Act is a major step towards protecting creators against use of their intellectual property to create other unauthorized works. The AIMP supports the introduction of this crucial new legislation that will be the cornerstone of future AI legislation. Thank you to Representatives Maria Salazar, Madeleine Dean, Nathaniel Moran, Joe Morelle, Rob Wittman, and Adam Schiff for co-sponsoring this important bill.”
Michael Lau, Association of Independent Music Publishers President, New York Chapter National Chair
“We thank Representatives Salazar, Dean, Moran, Morelle, Wittman and Schiff for recognizing that humans form the foundation of recorded music. The NO FAKES Act is an essential first step. We look forward to its enactment along with other measures to fully protect the rights of all creators – featured artists and session musicians alike.”
Tino Gagliardi, American Federation of Musicians President
“Nobody should be able to appropriate artists' voices and likenesses without their consent. The NO FAKES Act is a welcome sign that lawmakers are hearing artists when they speak out to protect the most essential elements of their individuality from AI abuses, and we hope Congress can act on this legislation quickly.”
Jen Jacobsen, Artist Rights Alliance Executive Director
"BMAC is glad to see continued moment around the NO FAKES Act as it progresses to the House. Since the draft was released last October and then introduced to the Senate in July, this conversation has only grown stronger and louder, and we are proud to be behind it. It is vital that we protect the voice and likeness of all individuals to ensure current content is safe and secure, as well as to help prevent hesitation around future creativity."
Willie "Prophet" Stiggers, BMAC Co-founder, President & CEO
“Representatives Salazar, Dean, Moran, Morelle, Wittman, and Schiff have once again demonstrated their leadership and understanding of the importance of giving music creators control over their intellectual property, voice, image and likeness by introducing the NO FAKES Act in the House of Representatives. BMI applauds them for their ongoing efforts to provide protections from deepfake and voice cloning Generative AI technologies. As these technologies advance, Federal laws must also be updated to keep pace. We look forward to working with them and the Senate sponsors of NO FAKES to pass these important pieces of legislation.”
Mike O'Neill, BMI President
“The Choreographers' Guild is thrilled to see U.S. elected officials prioritizing the protection of individual intellectual property rights in one's voice and visual likeness. While we have a long way to go to ensure all creatives, including choreographers and their proprietary dance movement, are protected, this is an essential step forward in ensuring creatives are protected as we evolve and innovate in the AI space.”
Kathryn Burns, Choreographers Guild
"Fans want to know that the artists we love are in full control of their likeness, their voice and their art. This bill will ensure that we are watching and listening to those artists, not computer-generated fakes."
Donald Cohen, Fan Alliance
“Independent music publishers welcome this development, demonstrating the alignment of both the Senate and the House on this issue. It is another vital step towards protecting artists' work and likeness during a time of seismic change in the cultural landscape. We must continue to challenge the exploitation of creators and creative IP owners and establish a more just and transparent landscape in which human creativity can thrive."
Annette Barrett, IMPF President
"The Music Artists Coalition sees this bill as crucial in building a sustainable, artist-friendly AI ecosystem. It is about protecting artists from unauthorized digital replicas and paving the way for ethical AI collaborations. This ensures that technological innovation amplifies, rather than diminishes, the artist's voice.”
Susan Genco, Music Artists Coalition Board Member
"Music Managers Forum - US supports this essential bill updating protections of artists and creativity for the artificial intelligence era. Artists give their hearts and souls to break through the massive content volume online. Allowing AI firms to take these artists' voices and auto-generate millions of new tracks that compete with the artists without the artist's consent or compensation, cannot be the future of our culture. The NO FAKES Act strikes the right balance to secure the future of human creativity and art."
Neeta Ragoowansi, Music Managers Forum - US (MMF-US) President
“NAB applauds Reps. Salazar and Dean for their leadership in introducing the NO FAKES bill. Local broadcasters are trusted sources of news and information in their communities and our on-air talent is particularly vulnerable to the misuse of AI-generated deepfakes. This bipartisan legislation strikes a balance by protecting the voice and likeness of our nation's most credible personalities while enabling the use of new technologies for legitimate news reporting and satire. We thank Reps. Salazar and Dean, along with the Senate's bipartisan coalition, for their commitment to safeguarding both public trust and free expression.”
Curtis LeGeyt, NAB President & CEO
"The current global state of emerging tech makes it immensely difficult for voice actors to protect the rights to their voice, image, name, or likeness. Establishing voice as a property right would provide a basic level of protection that would allow for voice actors, and all Americans across the country, to take action when their voices are used without proper consent, control, or compensation. With the Senate and House agreeing on this bipartisan legislation, we look forward to federal protections that will help combat the unethical use of AI. The National Association of Voice Actors gives our enthusiastic endorsement of the NO FAKES Act introduced in the US House of Representatives.”
Tim Friedlander & Carin Gilfry, National Association of Voice Actors (NAVA) Co-Founders
“There is a long and troubling history of artist exploitation in the music industry and now their likeness is under threat. We applaud the proactive NO FAKES Act and thank Representatives Salazar, Dean, Moran, Morelle, Wittman, & Schiff, along with our advocacy partners, for their efforts to advance this vital legislation. It is crucial to address this now to ensure a prosperous future for music creators. NITO is committed to seeing this bill passed through Congress.”
Nathaniel Marrow, National Independent Talent Organization Managing Director
“We greatly appreciate the leadership of Representatives María Salazar, Madeleine Dean, Nathaniel Moran, Joe Morelle, Rob Wittman, and Adam Schiff regarding this critical legislation to protect the integrity of music creators. The House companion bill to the NO FAKES Act of 2024 will prevent misappropriation of an individual's publicity rights by giving creators critical recourse on a national basis. When used by human music creators to express their creative visions, AI technologies represent incredible tools for songwriters and artists. However, enacting effective legal guardrails to prevent misuses of both AI and Generative AI is essential for a healthy music marketplace. The NO FAKES ACT is an excellent start."
Charles Sanders, National Music Council of the United States Chair
“We are extremely pleased that such a strong, bipartisan group of lawmakers has introduced the House companion to the Senate NO FAKES Act. This move is indicative of the momentum behind this movement towards safeguarding the entertainment industry's integrity and human creator's rights. We are one step closer to protecting the value and authenticity of music and art in the Age of AI.”
David Israelite, NMPA President & CEO
“OVU, Organización de Voces Unidas, a global community of Hispanic voice artists from Latin America and the US, supports the NO FAKES Act. We're not against AI – it's a tool – but we oppose the lack of transparency and misuse by unscrupulous companies. We thank the US House representatives María Elvira Salazar, Madeleine Dean, Nathaniel Moran, Joe Morelle, Rob Wittman, and Adam Schiff for their efforts to protect our voices and support fair practices.
Memo Sauceda, Organización de Voces Unidas (OVU) President
“The NO FAKES Act would finally put an end to exploitative practices that allow bad actors to use AI to steal artists' voices and likenesses without consent, credit, or compensation. This critical update to our intellectual property laws will provide autonomy and much-needed protections for artists across all fifty states. We thank Representatives Dean, Salazar, Moran, Morelle, Wittman & Schiff for helping move this bipartisan and now bicameral legislation forward.”
Morgan McKnight, Production Music Association Executive Director
“The NO FAKES Act would establish vital legal protections for music creators to prohibit their voice and visual likeness being exploited by AI without their consent. The introduction of the Act to the House of Representatives is a crucial step towards building a responsible AI ecosystem which maximises its potential benefits to the creative industries, whilst ensuring the essential guardrails are in place to protect and promote human creativity.”
John Mottram, PRS for Music Chief Strategy, Communications & Public Affairs Officer
"The Senate and House are now aligned on a bipartisan, broadly supported approach that embraces responsible innovation while tackling harmful AI deepfakes with ethical, human-first safeguards. This alignment creates important momentum for achieving an enforceable federal intellectual property right this year. We applaud Representatives Salazar, Dean, Moran, Morelle, Wittman and Schiff for leading the NO FAKES Act in the House. Their introduction of this landmark bill, also championed by Senators Coons, Blackburn, Klobuchar and Tillis in the Senate marks a major step forward towards concrete new protections for artists, fans and everyday Americans – safely balancing technological advancement and fundamental rights.”
Mitch Glazier, Recording Industry Association of America (RIAA) Chairman & CEO
“SAG-AFTRA applauds Representatives Maria Salazar, Madeleine Dean, Nathaniel Moran, Joe Morelle, Rob Wittman and Adam Schiff for introducing the NO FAKES Act in the House. Currently, there is no recourse for those who are victimized by the unauthorized creation of AI generated digital replicas — clones that can make an individual appear to do or say things they would never say or do. It's a form of theft and exploitation that harms not only professional performers and their ability to make a living, but all individuals and their ability to control their voice and likeness. With identical bills now before both the House and Senate, Congress must act expeditiously to safeguard everyone in this age of rapidly advancing technological innovation.”
Duncan Crabtree-Ireland, SAG-AFTRA National Executive Director & Chief Negotiator
“SESAC Music Group continues to support the NO FAKES Act which provides strong new protections against harmful deepfakes and voice clones. We applaud the leadership of Representatives Salazar, Dean, Moran, Morelle, Wittman, and Schiff who are working diligently to introduce this vital legislation to the House. Technology should not be used to facilitate the unauthorized and uncompensated exploitation of the voice or likeness of writer performers and artists. We're thrilled about this forward progress in protecting creator rights and ensuring they can make a living through their craft.”
John Josephson, SESAC Music Group Chairman & CEO
“Music and songwriting are foundational to our culture – and that culture is at stake if we don't have clear rules to protect songwriters in the age of AI. The NO FAKES Act is a meaningful step toward putting songwriters back in control of their livelihoods and protecting them from AI misuse & abuse. We thank Representatives Salazar, Dean, Moran, Morelle, Wittman, and Schiff for their work on this vital issue.”
Dina LaPolt, Songwriters of N. America (SONA) Co-founder & Board Member
“The proliferation of unauthorized generative AI continues to threaten the music industry and artists who watch without recourse as their creative works are being used without their consent, credit, or compensation. The NO FAKES Act will create a federal property right for likeness and voice while also ensuring that unauthorized replicas are removed promptly upon demand through an effective notice-and-takedown system. In short, NO FAKES will restore balance by putting the power back in the hands of artists, where it rightfully belongs.”
Michael Huppe, SoundExchange President & CEO
“The Recording Academy is thrilled to celebrate the introduction of the NO FAKES Act in the House – alignment with the Senate on this bill represents an important step in the bipartisan, bicameral effort to establish a federal right of publicity that will protect artists, creators, and all Americans in this new era of technology. Since I testified before the House on the impacts of AI on the creative industries this February, it's been a privilege to be a part of the music community's work to move the needle on meaningful legislation that ensures AI enhances, not replaces, human creativity. The Academy thanks Reps. Salazar, Dean, Moran, Morelle, Whitman, and Schiff for their leadership of the NO FAKES Act in the House, and we will continue to advocate for music creators by collaborating with Congress to pass this landmark bill into law.”
Harvey Mason jr., The Recording Academy CEO
“The Society of Composers & Lyricists (SCL), Music Creators North America (MCNA) and the Songwriters Guild of America (SGA) are proud to support the NO FAKES Act of 2024, co-sponsored by Representatives Maria Salazar, Madeleine Dean, Nathaniel Moran, Joe Morelle, Rob Wittman, and Adam Schiff. This important legal measure is a much-needed step toward safeguarding the rights of creators in an era of rapidly advancing AI technologies. While AI offers incredible tools for songwriters and lyricists to enhance their creative visions, we must ensure that these technologies are used responsibly and ethically. The NO FAKES Act provides essential legal protections by preventing the misappropriation of individuals' publicity rights and giving creators the recourse they deserve on a national scale. Establishing legal guardrails around AI and generative AI is vital to maintaining a fair and healthy music marketplace, and this Act is an excellent foundation for achieving that balance.”
The Society of Composers & Lyricists (SCL), Music Creators North America (MCNA) & the Songwriters Guild of America (SGA)
“WIN's global independent music community supports a joined up, cross-border approach to achieving high standards in generative AI. The US setting strong rules to protect creators' rights and public safety is an important precedent. Alongside other legal frameworks, such as the EU Act in Europe, this 'no fakes' protection can be an inspiration for other nations around the world.”
Noemí Planas, Worldwide Independent Network (WIN) CEO
The bill's introduction follows an independent poll showing an overwhelming bipartisan majority are deeply concerned about the impact of AI on society with 85% believing “we need new guardrails to protect people from being exploited by AI.” Voters also strongly believe AI developers should get authorization before using a person's voice or image to make a deepfake (89%) or train an AI model (90%). These findings support quick action on federal legislation like the NO FAKES Act. Detailed poll results are available here.
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NEW POLL REVEALS DEEP BIPARTISAN CONCERN OVER GENERATIVE AI, DEEPFAKES AND IMPACT ON HUMAN ARTISTRY & CULTURE
85% believe “we need new guardrails to protect people from being exploited by AI”
WASHINGTON, DC
(September 12, 2024)
An independent poll* of registered US voters released today by the Human Artistry Campaign found broad, bipartisan concern about AI-produced deepfakes, voice clones and other unauthorized uses of creative works, pictures, and recordings of individuals. In a likely boost to fast-moving legislative efforts – including the bicameral and bipartisan NO FAKES Act (introduced in the Senate on July 31 with a House companion expected this week) – 87% of voters support new policies to protect artists’ voices and images from unauthorized use by AI developers and 89% support policies to protect all people from unauthorized deepfakes and voice clones.
Other major findings include:
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84% of registered voters believe deepfakes and voice clones are “a problem,” including over 80% of both Democrats and Republicans.
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Bipartisan supermajorities believe AI developers should get authorization before using a person’s voice or image to make a deepfake (89%) or train an AI model (90%).
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Overall, 84% of voters believe an artist's music or vocals should not be ingested or used by AI without permission.
Voters also believe transparency and labeling are needed with 89% supporting a basic requirement that AI-generated works be labeled as such. 85% of voters believe AI developers should maintain a public dataset of all content used to train their models.
“Voters may not have studied AI deeply, but they are guided by common sense and a collective gut feeling that using someone’s voice, image or creative works without authorization is reckless, invasive and wrong,” said Dr. Moiya McTier, Human Artistry Campaign Senior Advisor. “The public’s strongly held view on labeling, transparency, authorization and other ethical guardrails for AI is deeply heartening to all of us who have been sounding the alarm about developers’ breakneck rush to market. Hopefully, voters’ overwhelming support will give Congressional leaders comfort that proposals like the NO FAKES Act are on exactly the right track to protect us all.”
“These findings show broad consensus across our typically divided electorate,” said Katie Drapcho, Vice President of Research at Global Strategy Group. “Democrats, Republicans and Independents alike are protective of individual and creative rights when it comes to Generative AI, and they strongly favor policies that do that.”
Of voters polled, 61% said they would be more likely to accept AI-generated music if it did not attempt to copy or imitate an existing artist. Additionally, 55% would be less likely to listen to AI music by a model that had been trained on music without the artists’ authorization.
Detailed poll results are available here.
*Global Strategy Group conducted this survey between July 25 and 29, 2024 among 808 Registered Voters Nationwide.
HUMAN ARTISTRY CAMPAIGN ENDORSES NO FAKES ACT
Bipartisan Bill Introduced by Senators Coons, Blackburn, Klobuchar and Tillis
Would Create New Right for Use of Voice and Visual Likeness in Digital Replicas
Bill Empowers Artists, Voice Actors, and Individual Victims
to Fight Back Against AI Deepfakes and Voice Clones
WASHINGTON, DC (July 31, 2024) (disponible en español aquí)
The Human Artistry Campaign today announced its support of the “Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024” (“NO FAKES Act”) – landmark legislation creating an enforceable new federal intellectual property right allowing victims of nonconsensual deepfakes and voice clones to have them quickly taken down and recover damages.
Building off the original NO FAKES discussion draft released last October and introduced in the US Senate today by Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN) and Thom Tillis (D-NC), the bill sets a strong federal baseline protecting all Americans from the invasive AI-generated deepfakes flooding digital platforms today. From young students bullied by nonconsensual sexually explicit replicas of their likenesses to recording artists and performers replicated to sing or perform in expressive works they never created or consented to the NO FAKES Act provides a powerful and much needed new weapon in the fight to protect people’s images and voices from being stolen, cloned, and misused.
Taking a thoughtful, measured approach, the legislation preserves existing state causes of action and rights of publicity, including Tennessee’s groundbreaking ELVIS Act. It also contains carefully calibrated exceptions to protect the public’s genuine interest in free speech, open discourse, and creative storytelling – without trampling the underlying need for real, enforceable protection against the vast range of invasive and harmful deepfakes and voice clones.
With the introduction of the Senate NO FAKES Act today and the introduction of the Salazar-Dean No AI FRAUD Act in the House of Representatives earlier this year, there is now bipartisan, bicameral momentum to pass critical new protections into federal law.
Human Artistry Campaign Senior Advisor Dr. Moiya McTier said:
“The Human Artistry Campaign applauds Senators Coons, Blackburn, Klobuchar and Tillis for crafting strong legislation establishing a fundamental right putting every American in control of their own voices and faces against a new onslaught of highly realistic voice clones and deepfakes. The NO FAKES Act will help protect people, culture and art – with clear protections and exceptions for the public interest and free speech.
“We urge the full Senate to prioritize and pass this vital, bipartisan legislation. The abusive deepfake ecosystem online destroys more lives and generates more victims every day – Americans need these protections now.”
By establishing clear rules and licensing requirements for the new federal voice and image right, the NO FAKES Act will power innovation and responsible, pro-human uses of these powerful technologies while providing strong protections for artists, minors, and others. The NO FAKES Act is a strong step forward for American leadership that erects clear guardrails for AI and ensures real accountability for those who reject the path of responsibility and consent.
Learn more & read supportive quotes from HAC members here.
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HUMAN ARTISTRY CAMPAIGN COMMENDS LEADER SCHUMER’S BIPARTISAN ROADMAP FOR AI POLICY
Senate should move quickly on recommendations including
protection from deepfakes & voice clones
The Human Artistry Campaign released the following statement on the new bipartisan roadmap for artificial intelligence (AI) policy announced today by Senate Majority Leader Chuck Schumer.
Human Artistry Campaign Senior Advisor Dr. Moiya McTier said:
“We are grateful Leader Schumer and the Bipartisan Senate AI Working Group flagged the importance of creators’ issues in this policy roadmap, including specific recognition of the problem of inclusion of copyrighted materials in AI datasets and the effort to establish new protections against unconsented deepfakes and voice clones. We’re also encouraged that Senator Martin Heinrich emphasized the importance of ‘safeguarding the work of creative professionals’ in the policy announcement today.
The Human Artistry Campaign, representing nearly 200 members spanning the creative and technology communities, appreciates the opportunity to participate in the AI Working Group process in support of our core principles advocating for responsible, ethical AI policy that encourages innovation while protecting artists’ work and creations.
There are currently important bipartisan AI proposals in both Houses of Congress, including the No AI FRAUD Act, the NO FAKES discussion draft, and the Generative AI Copyright Disclosure Act, that would provide protections against deepfakes and begin establishing a transparency framework as recommended in the Working Group’s report.
We urge the House and Senate to continue its urgent work and enact real, concrete AI ground rules into law.”
RIGHT OF PUBLICITY
& THE FIRST AMENDMENT
by Joshua Matz, Partner at Kaplan Hecker & Fink LLP
Across the United States, legislators are racing to address the many challenges posed by generative artificial intelligence—including the risk that such AI will destroy Americans’ individual rights in their own voice and visual likeness. Until recently, that concern was the stuff of science fiction and fantasy. But widespread AI tools now make it easy to generate sophisticated, unauthorized fakes. With the push of a button, we can create extremely convincing visual copies and voice clones of virtually anyone. This technological development will surely result in marvelous and valuable achievements. But it also poses threats to the marketplace of ideas, fundamental privacy rights, the safety of minors, and intellectual property protections. Across every field of social and economic life—for private citizens and celebrities alike—bad faith actors can misappropriate both voice and visage to steal, confuse, threaten, and humiliate.
Many states already provide some legal protections against misappropriation of a person’s name, voice, or likeness. Those laws are important, but they are variable and uneven. The federal government should therefore establish baseline protections for every American.
Of course, the design of any such legislation gives rise to questions of its own. One key question concerns the balance between rights of publicity and the freedom of speech. This white paper offers a primer on that issue.
Read the full paper here.
ELVIS ACT BECOMES LAW AS TENNESSEE LEADS THE NATION
Creative Community Applauds Modern Voice & Likeness Protections in AI Era
Governor Bill Lee Signs Landmark Bill During Nashville Press Conference with
Multi-Platinum Country Stars Luke Bryan and Chris Janson
Pictured (L-R): House Majority Leader William Lamberth (R-44), Luke Bryan, Governor Bill Lee, Chris Janson, RIAA CEO/Chairman Mitch Glazier & State Senate Majority Leader Jack Johnson (R-27)
Pictured (L-R): Wendy Morten, House Majority Leader William Lamberth (R-44), Drew Baldridge, Governor Bill Lee, Natalie Grant, RIAA CEO/Chairman Mitch Glazier, Harper Grace, Matt Maher, Tennessee Entertainment Commission Chair Gebre Waddell & Recording Academy Chief Advocacy & Public Policy Officer Todd Dupler
(Left) Luke Bryan celebrates Tennessee's first-in-the-nation legislation (Right) Chris Janson speaks about the ELVIS Act
NASHVILLE, TN
(March 21, 2024)
Often progress takes time, but mere weeks since its January 10 introduction, the bipartisan Ensuring Likeness Voice and Image Security (ELVIS) Act was signed into law earlier today by Tennessee Governor Bill Lee at legendary lower Broadway honky-tonk Robert's Western World in Nashville. The ELVIS Act establishes strong protections for every person's unique voice and likeness against unauthorized artificial intelligence (AI) deepfakes and voice clones.
“Fittingly named after one of the world's most iconic voices, the ELVIS Act marks a history-defining moment – protecting us all from irresponsible and unethical AI. The Human Artistry Campaign applauds this strong, bipartisan effort to stop unauthorized AI-generated deepfakes and voice clones that steal essential parts of our individuality,” said Dr. Moiya McTier, Human Artistry Campaign Senior Advisor. “The life's work and irreplaceable contributions of the creative community to our culture deserve safeguards that allow AI technology to be used responsibly without violating anyone's rights or appropriating their art.”
Five-time Entertainer of the Year and American Idol judge Luke Bryan addressed the crowd saying, “what an amazing precedent to set for the state of Tennessee. The leaders of this are showing artists who are moving here following their dreams that our state protects what we work so hard for, and I personally want to thank all of our legislators and people who made this bill happen. It's hard to wrap your head around what is going on with AI, but I know the ELVIS Act will help protect our voices.”
Nashville Harbor Records & Entertainment/Harpeth 60 Records' chart-topping singer/songwriter Chris Janson expressed his appreciation noting, “It's a pleasure to be here today. If it weren't for moving to this town and busking up and down the street begging for a gig, I would not be where I am today. It takes real leadership, and it takes a real team coming together to protect us. I came here wanting a voice, wanting to be heard and to sing in a Lower Broadway honkytonk. Do you know what that means to a kid from the Midwest or South Florida or all of these other cities around the world? It means they made it, and now we need to protect our voices from AI-generated deepfakes using our voices, our dreams. I love what I do, I'm so grateful for my job, and I'm grateful for leadership who cares. Thank you for passing the ELVIS Act today!”
Other prominent members of the music community – many who have lent support from the beginning – were on hand to celebrate the ELVIS Act, including Natalie Grant; Bernie Herms; Matt Maher; Maggie Rose; Wendy Moten; Drew Baldridge; Harper Grace; Tennessee Entertainment Commission chair Gebre Waddell; Stax Music Academy/Stax Museum's Pat Mitchell Worley and Isaac Daniel; Sam Phillips Recording's Jerry Phillips; Tora Tora's Anthony Corder and Recording Academy Memphis Chapter Trustee Ken Shepherd.
“From Beale Street to Broadway, to Bristol and beyond, Tennessee is known for our rich artistic heritage that tells the story of our great state. As the technology landscape evolves with artificial intelligence, I thank the General Assembly for its partnership in creating legal protection for our best-in-class artists and songwriters,” said Governor Bill Lee.
State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44) shepherded the ELVIS Act to unanimous General Assembly passage (93-0 vote in the House of Representatives and 30-0 in the Senate). Throughout the process, Country guitar-slinger Lindsay Ell, five-time Dove Awards Female Vocalist of the Year Natalie Grant, BMI Awards-winning songwriter/producer/Evanescence co-founder David Hodges, nine-time GRAMMY® Awards-nominated Contemporary Christian artist Matt Maher, singer/actor/author Chrissy Metz, hit songwriter/NSAI Board Member Jamie Moore, RIAA SVP of Public Policy Jessie Richard and legendary Christian artist Michael W. Smith spoke to the potential harms of unchecked AI deepfakes and voice clones.
REACTIONS FROM MEMBERS OF THE HUMAN ARTISTRY CAMPAIGN
"In this rapidly advancing technological landscape, Tennessee's swift action on the ELVIS Act represents a crucial advancement for protection within the music sector. It's encouraging to witness such forward-thinking action to defend the unique qualities of our musicians from AI's mimicry. This law is not merely about safeguarding personal rights; it's a move to preserve the authenticity and the very spirit of music for generations to come. The initiative by Governor Lee to champion the ELVIS Act is a commendable stride towards maintaining music's genuine essence." - Dr. Richard James Burgess MBE, A2IM (American Association of Independent Music), President & CEO
“Artist Rights Alliance thanks Governor Lee and the Tennessee legislature for championing this landmark new law that will curb the destructive practice of AI deepfakes and voice clones. The ELVIS Act is a model for how to protect the very essence of an artist's craft — their voice and likeness — and promote the responsible and ethical use of AI.”- Jen Jacobsen, ARA (Artist Rights Alliance), Executive Director
“Black Music Action Coalition supports this first-of-its-kind legislation, as the misuse of AI could devastate Black music creators who already face an uphill battle. Our priority is to amplify the larger justice movement in the music industry, and we commend Tennessee for setting the standard in AI protection legislation. We hope to see other states follow in Tennessee's lead in order to protect the creative community.” - Willie “Prophet” Stiggers, BMAC (Black Music Action Coalition), Co-Founder, President & CEO
“Music Artists Coalition (MAC) is very grateful to Tennessee and Governor Lee for The Elvis Act! Tennessee's leadership in protecting musical artists against the urgent threat of AI deepfakes is especially fitting given the state's deep musical history and the all-incredible Tennessee artists who call the state home.” - Susan Genco, MAC (Music Artists Coalition), Board Member
“The ELVIS Act was the first legislation to put important guardrails around music created using Artificial Intelligence (AI). The Nashville Songwriters Association International (NSAI) was proud to play a role in its adoption and we hope this becomes a template for similar federal legislation and a starting point for other important protections for creators when it comes to AI. We thank Tennessee Governor Bill Lee, Senate Majority Leader Jack Johnson and House Majority Leader William Lamberth for their leadership in the unanimous passage of the ELVIS Act.” - Bart Herbison, NSAI (Nashville Songwriters Association International), Executive Director
“The Elvis Act is an important step forward in the fight to value songwriters and artists in the age of AI. Impersonating creators is the ultimate theft and this lays the groundwork for strong protections against unethical imitations. We've already seen the potential of voice replication and it is essential that we codify parameters before it becomes an even greater threat to the integrity of music.” - David Israelite, NMPA (National Music Publishers' Association), President & CEO
“The Recording Academy celebrates the passage of the ELVIS Act as a groundbreaking achievement in the effort to protect human creators in the age of AI. This milestone represents the power of collaboration, and it was a privilege to work with our partners in the Human Artistry Campaign, Governor Lee, and the Tennessee state legislature to move the ELVIS Act forward. Today is just the beginning — as AI continues to develop, the Recording Academy and our members will continue to support meaningful legislation across the country that uplifts music people and human creativity.” - Harvey Mason jr., Recording Academy, CEO
“This incredible result once again shows that when the music community stands together, there's nothing we can't do. We applaud Tennessee's swift and thoughtful bipartisan leadership against unconsented AI deepfakes and voice clones and look forward to additional states and the US Congress moving quickly to protect the unique humanity and individuality of all Americans.” - Mitch Glazier, RIAA (Recording Industry Association of America), Chairman & CEO
“SAG-AFTRA applauds Governor Lee for leading the nation in instituting meaningful protections against the misappropriation of voice and likeness by artificial intelligence. We hope this legislation will serve as a model for policymakers across the country and offer the support of our members who work across the music, television, film, broadcast and video game industries. SAG-AFTRA is focused on protecting its members' images, voices, and likenesses from being replicated by AI without their informed consent and fair compensation. The ELVIS Act is an important step in this direction.” - Duncan Crabtree-Ireland, SAG-AFTRA, National Executive Director and Chief Negotiator
"In this ever-changing world of technology, protecting the authenticity of creative works is more important than ever. The Songwriters of North America (SONA) are grateful for Tennessee's timely action on the ELVIS Act. The legislation is a positive move toward protecting the creativity of songwriters and artists, and preserving the craft for the many future generations of creators to come." - Dina LaPolt, Songwriters of North America (SONA), Board Member
As Tennessee cements the fundamental rights all people should have to their likeness and voice, the U.S. Congress has also seen some federal progress with Senators Coons' and Blackburn's NO FAKES proposal and Representatives Salazar's and Dean's No AI FRAUD Act working towards a national response to unauthorized digital replicas and AI-generated voice clones. GRAMMY® Award-winning Country artist Lainey Wilson and Recording Academy CEO Harvey Mason jr. as well as nearly 300 actors, artists, musicians and songwriters co-signing these basic yet necessary protections. See here.
ELVIS ACT ADVANCES IN TENNESSEE
Prominent Artist-Songwriters Natalie Grant, Matt Maher & David Hodges
Support Major AI Bill, Now Moves to Final Stage – State General Assembly Consideration & Governor's Signature
NASHVILLE, TN
(February 27, 2024)
Human artistry is built into the history of Tennessee and today in the “Music City USA” Nashville capital, vital legislation to protect a person's voice, image and likeness against irresponsible and unethical uses of artificial intelligence (AI) unanimously passed the Senate and House Commerce Committees. The Ensuring Likeness Voice and Image Security (ELVIS) Act moved forward after compelling personal testimony from prominent Contemporary Christian artist-songwriters Natalie Grant and Matt Maher alongside hit songwriter/Evanescence co-founder David Hodges. The ELVIS Act is major legislation introduced by Governor Bill Lee last month along with State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44).
Watch House (HB2091) and Senate (SB2096) Committee hearings.
As AI-generated deepfakes and audio cloning become more commonplace, addressing the fundamental rights all people should have to their image, likeness and voice has never been more crucial.
"Every day, there are new stories about deepfakes and AI-cloned voices and images that manipulates someone's likeness without their consent. This is not just a problem that effects celebrities, this is a human problem that affects us all. As a mother of three daughters, I am terrified by how this technology has been used to exploit teenagers,” said Grant, RIAA Gold-certified, five-time Dove Awards Female Vocalist of the Year, nine-time GRAMMY® Awards-nominated artist and Recording Academy® Nashville Chapter Governor. “It's fitting that this bill is named the ELVIS Act, because Elvis performed so many different types of songs – from love songs to the blues, from pop songs to gospel music – but he infused them with his distinct voice, likeness, and personal qualities to create something new. Every individual should have the right to control their unique God-given qualities."
“As someone who writes and creates music specifically for worship in a Christian context, I believe music is part of our response to a divine Creator who made each of us unique and uniquely in His image. My voice and image set me apart, and it is part of what defines me as an individual. It also drives my career. When others use artists' voices and likeness without consent, it is a personal and fundamental violation that strikes at the heart of who we are and what we do,” said Maher, Recording Academy® Nashville Chapter Governor, a nine-time GRAMMY® Awards-nominated and RIAA Platinum certified artist. “With the ELVIS Act, Tennessee is leading the way and setting an example on this issue. It honestly pains me to think of the way that purity of artistic expression and intention could be manipulated in a way that would contradict the message of a song and of the artist who recorded it.”
“In a three-minute tapestry of words and music, my gift, and my job, is to get you to laugh or cry and to remember your most cherished times in life through my songs. The ELVIS Act is the first-of-its kind legislation that will put important guardrails around artificial intelligence for music creators. The Volunteer State is where many forms of the world's music were either born or popularized. Music is intertwined with our history, culture and economy so when technology spits out something based on ingested works created by people, something that is unauthorized, something an artist never even sang, that is wrong. Period,” said Hodges, RIAA multi-Platinum, GRAMMY® and BMI Awards-winning songwriter/producer and Nashville Songwriters Association International (NSAI) Board Member. “As a professional songwriter, syllables matter. A single note can change a song. For artists their delivery is part of their brand. They carefully choose the songs they record and release. By adding the word 'voice,' the ELVIS Act modernizes current law and makes it crystal clear that unauthorized AI-generated fake recordings are subject to legal action in Tennessee.”
“Today's action is a huge step forward toward establishing Tennessee as a leader on thoughtful guardrails for AI. As AI-generated deepfakes invade and steal what makes each of us unique, individual protections for our voices and likenesses like those in the ELVIS Act are urgently needed. The Human Artistry Campaign applauds the Tennessee House and Senate Commerce Committees for their forward-thinking legislation allowing responsible AI technology to thrive without violating our rights, threatening our safety or jeopardizing our livelihoods,” said Human Artistry Campaign senior advisor Dr. Moiya McTier.
Throughout the day, several Human Artistry Campaign members including NSAI, the Recording Academy, RIAA and SAG-AFTRA mobilized their members and orchestrated a day of advocacy at the Tennessee State Capitol, where music creators engaged in discussions with legislators, urging them to support the passage of the ELVIS Act. Tennessee artists and songwriters, most based in Nashville and Memphis, were among the participants.
Tennessee will be the first in the nation to address these fundamental human protections with new legislation. High-profile support for the ELVIS Act began with a packed press conference at the iconic Studio A, where Country guitar-slinger Lindsay Ell and legendary Christian artist Michael W. Smith spoke on behalf of other artists, songwriters, producers, engineers and musicians to the impact of AI on their community. Other attendees backing the update to Tennessee's Right of Publicity law included Ruby Amanfu, Steve Cropper, Tom Douglas, Matt Maher, Ari Morris, Lawrence “Boo” Mitchell (Royal Studios), Maggie Rose, Joanne Shaw Taylor, Gebre Waddell and Matthew West, among others. Earlier this month, singer/actor/author Chrissy Metz, hit songwriter & NSAI board member Jamie Moore and RIAA SVP of Public Policy Jessie Richard delivered compelling remarks to the TN House Banking & Consumer Affairs Subcommittee, resulting in immediate progression.
This all comes as the federal bipartisan No AI FRAUD federal gains traction and following congressional testimony from GRAMMY® Award-winning Country artist Lainey Wilson and Recording Academy CEO Harvey Mason jr. as well as nearly 300 actors, artists, musicians and songwriters co-signing these basic yet necessary protections. See here.
LANDMARK ELVIS ACT BUILDS MOMENTUM IN TENNESSEE HOUSE AS SINGER/ACTOR CHRISSY METZ, SONGWRITER JAMIE MOORE + RIAA'S JESSIE RICHARD SPEAK TO VOICE & LIKENESS PROTECTIONS
NASHVILLE, TN
(February 14, 2024)
Staunch advocates for music creators, Tennessee lawmakers continue to advance vital legislation to protect individual voice, image and likeness against irresponsible and unethical artificial intelligence (AI) with unanimous passing of the Ensuring Likeness Voice and Image Security (ELVIS) Act - HB 2091 in the House Banking & Consumer Affairs Subcommittee yesterday (2/13). Following Governor Bill Lee's introduction last month alongside State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44), the Subcommittee heard testimony from singer/actor/author Chrissy Metz, hit songwriter & NSAI board member Jamie Moore and Recording Industry Association of America (RIAA) SVP of Public Policy Jessie Richard explaining the importance of protecting fundamental rights all people should have to their image, likeness and voice – especially in an era of harmful AI-generated deepfakes and audio cloning.
Watch today's hearing in full here (30:36 mark).
Tennessee has been at the epicenter for generations of artists whose lived experiences are expressed through songs that have moved culture and connected communities. Metz and Moore shared their perspective as working creatives and on behalf of the Human Artistry Campaign initiatives.
“I can attest to the pain and fear coursing through the creative community, knowing that years of committed hard work, countless heartbreaks, sacrifice, unwavering resilience […] not to mention our very own character and reputations all can be torn down in a moment by an unaccountable deepfake,” said Metz. “I fully support free speech, and it's appropriate that this bill preserves all First Amendment rights. However, using someone's voice not protected by the First Amendment should not be allowed."
"Music is an important part of the fabric of Tennessee, it's a part of our culture, economy, music is our lifeblood. Tennessee has always held its creators in high esteem, and sought to protect their work and their livelihoods. We are at a critical part in American history and human innovation. I'll say that again, human innovation,” continued Moore. “As songwriters and artists, we spend hours scrutinizing over our human art. When a machine can take my lived experience in seconds, that is wrong. That is theft. And we need to protect against it.”
“Unscrupulous parties are abusing AI technology, hijacking artists' actual voices and likenesses to generate digital clones, undermining their bodies of work, and alienating their fans. […] The bill's opponents that seek categorical exemptions want to allow non-consensual uses of another person's voice and likeness in ways that are not protected by the First Amendment. Their economic interests in non-protected speech should not prevail over a person's basic rights,” said Richard. “It is worth emphasizing that the ELVIS Act applies to everyone. All Tennesseans deserve to have their voices and likenesses protected and this bill will ensure just that.”
This landmark push from Tennessee lawmakers now follows congressional testimony from GRAMMY Award-winning Country artist Lainey Wilson and Recording Academy CEO Harvey Mason jr. as well as nearly 300 actors, artists, musicians and songwriters co-signing support for similar federal protections through the bipartisan No AI FRAUD Act. See here.
HUMAN ARTISTRY CAMPAIGN ENDORSES LANDMARK
NO AI FRAUD ACT
U.S. Representatives María Elvira Salazar, Madeleine Dean, Nathaniel Moran, Joe Morelle, and Rob Wittman Introduce Bipartisan Bill to Protect Against Deepfakes, Voice Clones & Other Generative AI Abuses
WASHINGTON, DC
(January 10, 2024)
The Human Artistry Campaign today announced its support of the “No AI Fake Replicas and Unauthorized Duplications Act of 2024” (or “No AI FRAUD Act”) landmark legislation establishing safeguards to protect against generative AI abuses that stem from the unauthorized copying of a person’s individuality and result in deepfakes, voice clones and non-consensual impersonations.
The legislation was introduced today in the U.S. House of Representatives by a bipartisan coalition led by sponsors Representatives María Elvira Salazar (R-FL-27), Madeleine Dean (D-PA-4), Nathaniel Moran (R-TX-1), Joe Morelle (D-NY-25), Rob Wittman (R-VA-1).
Human Artistry Campaign Senior Advisor Dr. Moiya McTier said:
“The most unique and foundational aspects of any person’s individuality should never be misappropriated or used without consent. We applaud Representatives Salazar, Dean, Moran, Morelle, and Wittman’s forward-thinking No AI FRAUD Act as a massive step forward in protecting people, culture, and art – while also urging other policymakers to follow their lead to shield us all from voice, image and likeness manipulation.
“Timely action is critical as irresponsible AI platforms are being used to launch deepfake and voice impersonation models depicting individuals doing and saying things they never have or would. This not only has the potential to harm these artists, their livelihoods and reputations, but also degrades societal trust. There has never been a more important time for our leaders to demand responsible and ethical AI that works for people – not against them.”
Generative AI is a form of artificial intelligence that can produce text, images and other content based upon the data it copies and processes. Many generative AI companies have permitted their platforms to use copyrighted material without authorization and are already exploiting individuals’ image, likeness or voice without their consent. This practice threatens the livelihoods of countless creators, ranging from artists, journalists and photographers to actors, athletes and authors, among others, in two specific ways:
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Generative AI-spawned fakes may tarnish the reputation of the creators affected and unfairly compete against legitimate creative works in the marketplace.
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Egregious companies have built replica models that engage in such practices on a massive commercial scale, siphoning resources out of the legitimate creative economy.
Creators – and their fans – deserve protection against this dangerous form of manipulation that the No AI FRAUD Act and earlier Senators Coons, Blackburn, Klobuchar, and Tillis-led Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES Act) discussion draft aim to combat. These important steps from all members of the House and Senate are vital to establishing the strongest laws for the American people.
For additional commentary from Human Artistry Campaign members, see here.
HUMAN ARTISTRY CAMPAIGN RALLIES BEHIND ENSURING LIKENESS VOICE AND IMAGE SECURITY (ELVIS) ACT
Governor Bill Lee Introduces Voice, Image & Likeness Legislation Alongside
State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44) to Protect Tennessee Music Against Exploitive Artificial Intelligence
NASHVILLE, TN
(January 10, 2024)
Music has the power to change and connect communities, and today in the heart of Music City Governor Bill Lee introduced bicameral legislation alongside State Senate Majority Leader Jack Johnson (R-27) and House Majority Leader William Lamberth (R-44) that will protect Tennessee music. The Ensuring Likeness Voice and Image Security (ELVIS) Act updates Tennessee's Protection of Personal Rights law, making it the first state in the nation to preserve individual voice, image and likeness against irresponsible and unethical artificial intelligence (AI) in the form of deepfakes and audio cloning.
Watch the press conference livestream from the iconic Studio A in Nashville.
GRAMMY, Dove and American Music Awards-winning contemporary Christian legend Michael W. Smith will welcome artist and songwriter peers, the music community and legislative leaders. “As a working artist and songwriter, I know how vital it is to build a creative environment that protects the work and individuality of future generations of dreamers. While I am grateful for existing tools that have helped me craft both my music and my message, even more personal gifts and attributes have a right to be protected from digital manipulations. I'm honored to be here today as a voice supporting the ELVIS Act to protect my fellow musicians today and in the future.”
The ease and pace of AI-generated forgeries risk crowding out legitimate works created by real people, who have spent years honing their talent and persona. The harmful misuse of technology by some platforms threatens the future of Tennessee's creators, the jobs that they support across the state and country, and the bonds between fans and their favorite bands. Updated state laws such as the Ensuring Likeness Voice and Image Security (ELVIS) Act put value on actual human individuality over those who would profit from AI deepfakes and fraud. Tennessee's foresight in this space will offer protections for songwriters, performers, and music industry professionals' voice, image and likeness from the misuse of artificial intelligence.
Governor Lee explained the importance of this legislation to Tennessee's creatives, “From Beale Street to Broadway and beyond, Tennessee is known for our rich artistic heritage that tells the story of our great state. As the technology landscape evolves with artificial intelligence, we're proud to lead the nation in proposing legal protection for our best-in-class artists and songwriters.”
Other attendees supporting today's update to Tennessee's Right of Publicity law include artists, songwriters, producers and engineers: Ruby Amanfu, Steve Cropper, Tom Douglas, Lindsay Ell, Matt Maher, Jamie Moore, Ari Morris, Lawrence “Boo” Mitchell (Royal Studios), Maggie Rose, Joanne Shaw Taylor, Gebre Waddell, Matthew West and Lainey Wilson.
HUMAN ARTISTRY CAMPAIGN MEMBER COMMENTARY:
"I commend Governor Lee of Tennessee for this forward-thinking legislation. Protecting the rights to an individual's name, voice, and likeness in the digital era is not just about respecting personal identity but also about safeguarding the integrity of artistic expression. This act is a significant step towards balancing innovation with the rightful interests of creators and performers. It acknowledges the evolving landscape of technology and media, setting a precedent for responsible and ethical use of personal attributes, in the music industry.”
A2IM President & CEO Dr. Richard James Burgess
"The Artist Rights Alliance is grateful to Gov. Lee, State Senator Jack Johnson and Rep. William Lamberth for launching this effort to prevent an artist's voice and likeness from being exploited without permission. Recording artists and performers put their very selves into their art. Scraping or copying their work to replicate or clone a musician's voice or image violates the most fundamental aspects of creative identity and artistic integrity. This important bill will help ensure that creators and their livelihoods are respected and protected in the age of AI."
ARTIST RIGHTS ALLIANCE Executive Director Jen Jacobsen
“AI is an important technological development that should be used to help, not hurt music artists. Tennessee has been home to some of the greatest American artists and The Music Artists Coalition applauds Tennessee for protecting these national treasures.”
MUSIC ARTISTS COALITION CO-FOUNDER & BOARD MEMBER Jordan Bromley
“AI deepfakes and voice cloning threaten the integrity of all music. It makes sense that Tennessee state would pioneer these important policies which will bolster and protect the entire industry. Music creators face enough forces working to devalue their work – technology that steals their voice and likeness should not be one of them.”
NATIONAL MUSIC PUBLISHERS' ASSOCIATION (NMPA) President & CEO David Israelite
“The emergence of generative Artificial Intelligence (AI) resulted in fake recordings that are not authorized by the artist and is wrong, period. The Nashville Songwriters Association International (NSAI) applauds Tennessee Governor Bill Lee, State Senator Jack Johnson and Rep. William Lamberth for introducing legislation that adds the word “voice” to the existing law --- making it crystal clear that unauthorized AI-generated fake recordings are subject to legal action in the State of Tennessee. This is an important step in what will be an ongoing challenge to regulate generative AI music creations.”
NSAI Executive Director Bart Herbison
“As AI technology continues to develop, today marks an important step towards groundbreaking state-level AI legislation. This bipartisan, bicameral bill will protect Tennessee's creative community against AI deepfakes and voice cloning, and will serve as the standard for other states to follow. The Academy appreciates Governor Lee and bipartisan members of the Tennessee legislature for leading the way – we're eager to collaborate with lawmakers to move this bill forward.”
RECORDING ACADEMY CEO Harvey Mason jr.
“Responsible innovation has expanded the talents of creators – artists, songwriters, producers, engineers, and visual performers, among others – for decades, but use of generative AI that exploits an individual's most personal attributes without consent is detrimental to our humanity and culture. We applaud Governor Bill Lee, State Senate Majority Leader Jack Johnson and House Majority Leader William Lamberth's foresight in launching this groundbreaking effort to defend creators' most essential rights from AI deepfakes, unauthorized digital replicas and clones. The ELVIS Act reaffirms the State of Tennessee's commitment to creators and complements Senator Blackburn's bipartisan work to advance strong legislation protecting creators' voices and images at the federal level.”
RIAA Chairman & CEO Mitch Glazier
“SAG-AFTRA applauds lawmakers who see the importance of protecting everyone's right to their likeness and voice. Our thanks to the Governor and legislators for introducing this critical update to Tennessee's Protection of Personal Rights. This bill provides critical protections against unauthorized digital replication and cloning, practices all too common in today's evolving digital world. Fans deserve authentic performances, and artists, singers and musicians deserve the strongest intellectual property rights in their voices and likenesses. Let's ensure a future where technology works for us all, not against us.”
SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland
“Evolving laws to keep pace with technology is essential to protecting the creative community. As we embrace the enormous potential of artificial intelligence, Tennessee is working to ensure that music and those who make it are protected under the law from exploitation without consent, credit, and compensation. We applaud the cradle of country music and the birthplace of rock n' roll for leading the way.”
SOUNDEXCHANGE President & CEO Michael Huppe
HUMAN ARTISTRY CAMPAIGN STATEMENT ON BIDEN ADMINISTRATION EXECUTIVE
ORDER ON AI
WASHINGTON, DC
(October 30, 2023)
“The inclusion of copyright and intellectual property protection in the AI Executive Order reflects the importance of the creative community and IP-powered industries to America’s economic and cultural leadership. On behalf of over 170 members spanning the creative and technology communities, the Human Artistry Campaign applauds this effort to craft a responsible, ethical AI policy that will promote innovation and allow both AI and human creativity to strengthen each other and thrive."
TRIO OF CREATOR-DRIVEN MUSIC TECH COMPANIES ENDORSE
HUMAN ARTISTRY CAMPAIGN FOR RESPONSIBLE AI
BeatStars, DAACI & Pro Sound Effects Join 170 Other Organizations across 34 Countries
WASHINGTON, DC
(October 30, 2023)
As cross-sector support for the Human Artistry Campaign reaches more than 170 organizations across 34 countries, three creator-driven music tech companies announced their support for the Campaign’s core principles, which encourage responsible AI that respects the irreplaceable value of human expression. The companies – BeatStars, DAACI and Pro Sound Effects – are committed to business models that use responsible AI in support of human ingenuity. These technology innovators’ backing of the principles reflect the growing support for a collaborative environment for creators to enhance their artistic potential as industry ecosystems merge around the globe.
“The Human Artistry Campaign is rooted in a belief that technology can be an impactful tool to aid human creativity. We appreciate forward-thinking leadership from companies like BeatStars, DAACI and Pro Sound Effects who fuel artistic advancement and recognize human input as a central part of responsible AI,” said Senior Advisor Dr. Moiya.“Human creators have long worked with new technologies to bring stories, ideas, songs and diverse forms of art to life. Today’s announcement further emphasizes how reinforcing one another in responsible and ethical ways can empower human creators and respect individuals’ rights while helping to drive innovation forward.”
“BeatStars is proud to join the Human Artistry Campaign as a corporate member," said BeatStars CEO and Founder Abe Batshon. “We’ve already demonstrated our commitment to ethical AI in alignment with our mission to empower producers and artists, not to replace them. The core principles of the Human Artistry Campaign reflect that same commitment.”
“DAACI fully supports the Human Artistry Campaign because it aligns with our core fundamentals of empowering the music creator. Our human-centered AI tools have been built and developed by a team of passionate musicians, research scientists and developers, each of whom has a stake in and a conviction that our technology should enhance and amplify music creators everywhere,” shared CEO Rachel Lyske.
“Human creativity is the foundation of AI’s existence. As AI empowers more people to create and express themselves in ways never before possible, we must always respect, protect, elevate, and reward the artists that have and continue to make new forms of creation possible,” expressed Douglas Price, Founder & CEO, Pro Sound Effects.
In August, BandLab set the pace as the first music creation platform to officially support the Human Artistry Campaign with CEO Meng Ru Kuok commenting, “This reaffirms our dedication to an ethical approach to AI training and development that elevates both human expression and innovation. Together, we can all forge a future where AI empowers musicians without compromising the essence of human artistry.”
HUMAN ARTISTRY CAMPAIGN STATEMENT ON THE "NO FAKES" ACT
WASHINGTON, DC
(October 12, 2023)
The Human Artistry Campaign believes AI could provide exciting new tools that assist human creativity if established in a responsible manner. However, generative AI applications that steal copyrighted recordings and images to produce voice clones and digital replicas or misappropriate the names and likenesses of artists and performers without consent are incredibly harmful to our society and culture. These supposed ‘tools’ attack the most basic elements of human individuality and creativity. We thank Senators Coons, Blackburn, Tillis, and Klobuchar for putting forward draft legislation to protect creators and their work. We look forward to working with all stakeholders to strengthen this proposal while providing clear and effective remedies to stop the wrongful appropriation of creators’ identities and encourage ethical AI practices.
DR. MOIYA MCTIER JOINS HUMAN ARTISTRY CAMPAIGN
WASHINGTON, DC
(August 14, 2023)
The Human Artistry Campaign, a multi-sector global alliance of over 150 organizations from 33 countries, today announced that Dr. Moiya McTier has joined the organization as an advisor and public communicator. In this role, Dr. McTier (or “Dr. Moiya” as many colleagues and peers refer to her) will support the Campaign’s work by explaining and advocating for their seven core principles urging the development of responsible AI that supports and enhances the creative process while protecting the indispensable role of human artistry and genius.
Dr. McTier is both a scientist (with a focus in astronomy and astrophysics) and a published author with deep expertise in folklore and storytelling. In her “Explainer-in-Chief” role advising the Human Artistry Campaign, she will help educate policymakers and fellow creatives about the promise and the risks of AI, and the ways effective AI systems depend upon a robust and lasting human creative economy.
“Science and the arts have always helped each other reach new heights – from Leonardo da Vinci’s anatomical drawings to the Golden Record soaring through interstellar space on NASA’s Voyager today. And artificial intelligence will be no different – if we develop and use this trailblazing technology in responsible ways that support and extend human creativity and genius,” shares Dr. McTier.
“As an astrophysicist, I’ve used AI to optimize my research, and as a writer, I’ve used it to better visualize my stories, so I’m thrilled at the chance to work with over 150 creative arts organizations in the Human Artistry Campaign to help policymakers and the public better understand the promise and perils of generative AI.”
The Human Artistry Campaign’s core principles are available here, and individuals who support them can sign the petition here.
About Dr. Moiya McTier:
Dr. Moiya McTier has given hundreds of talks around the world on a wide range of topics, from the physics of water to global eclipse rituals. Her work sits at the intersection of science and storytelling, fact and fiction, complex concepts, and chaotic creativity. Her full bio and background are available here.
Dr. McTier officially became a doctor of the universe in 2021 as the first Black woman to graduate from Columbia’s astronomy PhD program. Overall, she has four Ivy League degrees including a joint degree in astrophysics and folklore from Harvard University. And she can also be found co-hosting Fate & Fabled, a mythology show for PBS Digital studios, as well as hosting her own podcasts Exolore (about fictional world-building through a science lens) and Pale Blue Pod (about astronomy for people who are afraid of the cosmos).
Dr. McTier’s debut book THE MILKY WAY: An Autobiography of Our Galaxy was named one of Publishers Weekly’s best books of 2022.
Dr. McTier’s mission is to help people understand the world around us better through science and is eager to do that across as many platforms as possible.
About the Human Artistry Campaign:
The Human Artistry Campaign was launched at SXSW 2023 for open dialogue and guidance from the united creative community in the AI debate. The growing alliance supports seven core principles for keeping human creativity at the center of technological innovation. For the full international membership list or to sign the petition for individual support, please visit humanartistrycampaign.com.
HUMAN ARTISTRY CAMPAIGN STATEMENT ON BIDEN ADMINISTRATION AI ANNOUNCEMENT
WASHINGTON, DC
(July 24, 2023)
Voluntary trust-and-safety measures are an important first step towards building a policy architecture for AI systems and practices that protect artists' and creators' rights. We look forward to continuing to work together with the Administration and Congress to address vital IP issues and developers' role in assuring a responsible, ethical, and creator-focused AI.
HOUSE COMMITTEE EXPLORES INTERSECTION OF AI & COPYRIGHT
Acclaimed Songwriter Dan Navarro Explains the Risks for Creatives and Our Culture: “ By marginalizing and, ultimately, abandoning the fundamental human spark in music creation, we are inviting a future that sees fakes as real and that debases our art and culture with soulless 'brown food product' mediocrity.”
Committee Accepts RIAA's Mitch Glazier and NMPA's David Israelite Op-Ed on Human Artistry Campaign Principles into the Hearing Record
WASHINGTON, DC
(May 17, 2023)
Today, the House Judiciary IP Subcommittee Hearing explored the limits and requirements limits and requirements copyright and other laws impose on generative AI systems.
Subcommittee Ranking Member Hank Johnson (D-GA) summed up the core issue: “I am hard pressed to understand how a system that rests almost entirely on the works of others – and can be commercialized or used to develop commercial products – owes nothing, not even notice, to the owners of the works it uses to power its system.”
Representative Nathaniel Moran (R-TX) played a clip of the widely-criticized “Fake Drake” AI impersonation and observed: “In just a few short days that song garnered over half a million streams on Spotify before it was ultimately taken down. I will also admit I am profoundly blown away by the artistic value sitting at this table but then also concerned about what's going to happen to the creativity if we don't get ahold of this artificial intelligence issue and protect the creativity of human development.”
The Human Artistry Campaign released the following statement: “The more Congress learns about AI, the more Members appreciate the moral and legal imperative to respect creators' right to control how their work is used and for strong public policy to ensure professional performers' voices and likenesses aren't cloned and impersonated for commercial gain. We are grateful to all the members of the House Judiciary Committee for digging so deeply and seriously into these vital questions.”
At the hearing, artist, songwriter, and voice performer Dan Navarro testified about the challenges of generative AI. Navarro recounted the “human alchemy” at the heart of songwriting and recounted his experience writing the iconic song “We Belong,” recorded by Pat Benatar: “I started with the end of the song and soon we were trading lyrics back and forth that worked for one of us or the other, two estranged friends found a space to connect, and a song that people have enjoyed for the last 40 years was born in 90 minutes. That human alchemy can't be fully explained – but it's the heart of music creation.”
Navarro's full testimony is available here.
At the outset of the hearing, Subcommittee Chairman Darrell Issa introduced into the official record an op-ed just published by RIAA's Chairman and CEO Mitch Glazier and NMPA's President and CEO David Israelite. In that piece, Glazier and Israelite carefully review the challenges posed by AI to songwriters, recording artists, and all performers: “Songwriters, recording artists, and musicians today are literally being forced to compete against AI programs trained on copies of their own compositions and recordings. . . . Use of copyrighted works to train or develop AI must be subject to free-market licensing and authorization from all rights holders. Creators and copyright owners must retain exclusive control over the ways their work is used. The moral invasion of AI engines that steal the core of a professional performer's identity — the product of a lifetime's hard work and dedication — without permission or pay cannot be tolerated.”
Glazier and Israelite's op-ed is available here.
NEW RESEARCH SHOWS DEEP CONCERN OVER AI & MASSIVE SUPPORT FOR HUMAN ARTISTRY CAMPAIGN PRINCIPLES
Nearly 2-1 Ratio Feels Creators Should be Compensated for Work Used to Train AI
WASHINGTON, DC
(May 11, 2023)
A new study out today from Global Strategy Group (GSG) reveals respondents believe content creators should be compensated for the use of their material by AI by an almost 2 to 1 margin. Additionally, only 12% of voters say they would trust companies that rely mostly on AI more than companies that rely mostly on people. This authoritative independent research validates the core principles behind the Human Artistry Campaign, an initiative with worldwide support for responsible and transparent technology that keeps human creativity at the center of innovation.
“As AI rapidly evolves and new tools are launched to the public with limited testing or review, we are encouraged that even in the earliest days of this debate people recognize that human creators should be compensated when their irreplaceable expression and accomplishment are copied and used by these platforms. Human artistry will always be essential in shaping the culture and charting our history. We applaud GSG's insightful research as a vital contribution to this fast-moving debate and are proud to stand as a united creative community supporting responsible and lawful collaboration and innovation,” says a coalition spokesperson.
Read the complete Artificial Intelligence: Perceptions, Priorities, and Expectations findings from GSG here.
HUMAN ARTISTRY CAMPAIGN
ADDS 25+ NEW MEMBERS
Coalition Cements itself as the Preeminent Creative
Community Voice in Fast-Moving AI Debate,
Broad Cross-Section of Diverse Global Voices Grows Beyond Existing Roster of Artists, Performers, Writers, Athletes, and More
WASHINGTON, DC
(April 6, 2023)
After a widely-acclaimed launch at South by Southwest® (SXSW®), the Human Artistry Campaign has grown nearly 50% to 70+ worldwide members in just its first two weeks. Collective support among the newest members spans across journalism, photography, and voice actors as well as major global organizations representing songwriters, composers, publishers, and independent music. With this rapid growth, the coalition is even further poised to speak authoritatively on how AI can develop in ways that strengthen the creative ecosystem while continuing to recognize the unique and irreplaceable role of human artistry in culture and the arts.
A coalition spokesperson said, “Almost daily since we launched, new groups have reached out to join the cause. It's a testament to the unifying power of the Human Artistry Campaign's seven core principles and the broader creative community's intense focus on this issue.”
While creators in the past have waited out emerging technologies hoping they would be used in responsible ways, the Human Artistry Campaign is moving aggressively to join the AI debate at the front end. “Creators aren't waiting to be invited to the table this time,” the coalition explained. “We are claiming our seat and speaking up now, while there is time to work together with tech to ensure AI is trained and deployed in ways that follow all relevant laws and respect creators' and performers' rights.”
The Human Artistry Campaign's seven core principles are available here and individuals who support them can sign the coalition's petition here.
HUMAN ARTISTRY CAMPAIGN LAUNCHES, ANNOUNCES AI PRINCIPLES
40+ groups representing artists, performers, writers, athletes & more launch campaign for AI that supports human creativity and accomplishment
WASHINGTON, DC / AUSTIN, TX
(March 16, 2023)
A broad coalition announced the launch of the Human Artistry Campaign to ensure artificial intelligence technologies are developed and used in ways that support human culture and artistry – and not ways that replace or erode it. With over 40 members including major unions, trade associations, and policy experts representing individual creators and rightsholders from across the entire tapestry of creative endeavor, the Human Artistry Campaign is positioned to be a leading voice in the rapidly unfolding debate over the costs and benefits of different forms of AI.
The group outlined principles advocating AI best practices, emphasizing respect for artists, their work, and their personas; transparency; and adherence to existing law including copyright and intellectual property.
The campaign urges supporters to sign a petition to advance these fundamental principles.
The launch was announced at SXSW in Austin today at an event featuring voice actor and prolific songwriter Dan Navarro, GRAMMY-nominated singer-songwriter Jessy Wilson and UT Austin professor and immersive technology expert Erin Reilly – and moderated by Rob Levine, Billboard’s Deputy Editorial Director.
MEMBER COMMENTARY
“Artists shape our culture and help build a richer, more meaningful world. We simply cannot hand over that great responsibility to computers. AI is a wonderful tool, but it needs to complement human creativity, not replace it. We will not sit on the sidelines while Big Tech once again defines the rules for a new creative frontier.”
– A2IM President and CEO Richard Burgess
“Black songwriters, producers, and artists already face an uphill battle for ownership, credit, and proper payment in the music industry. Although AI can be an incredible tool, without the protection of real human artistry AI could devastate the Black creative community that leads so much of popular culture.”
– Black Music Action Coalition Co-founder and Co-Chair
Willie “Prophet” Stiggers
“Artists and all creators are determined to lead on this issue and make sure we have a thoughtful, serious debate about both the risks and the benefits of AI. And the time for that debate is now.”
– Susan Genco, Board Member Music Artists Coalition
“Incredible music originates from individuals. As we face growing AI capabilities, we as an industry are united around the fact that human artistry must be protected by strong copyright law and policy and that AI tools are developed in ways that do not undermine the value of songwriters’ work.”
– NMPA President & CEO David Israelite
“There is so much potential with AI. But it also presents risks to our creative community. It’s crucial that we get this right early on so we don’t risk losing the artistic magic that only humans can create.”
– Recording Academy CEO Harvey Mason jr.
“Human artistry is irreplicable. Recent developments in AI are remarkable, but we have seen the costs before of rushing heedlessly forward without real thought or respect for law and rights. Our principles are designed to chart a healthy path for AI innovation that enhances and rewards human artistry, creativity, and performance.”
– RIAA Chairman and CEO Mitch Glazier
“It comes down to respect for creative workers and their craft. We have long fought for protections against misappropriation of our members' voices, likenesses and performances, and we are excited to continue that vital work in conjunction with our coalition partners. As technology continues to improve storytelling, we want to ensure humans are always at the center of the story.”
– SAG-AFTRA National Executive Director and Chief Negotiator Duncan Crabtree-Ireland
“Artificial intelligence is a powerful, still-emerging technology that presents unique challenges as it matures in the creative arts space. We embrace the responsible use of AI, but recent advancements in AI have underscored the need to develop consensus on responsible use and to address important intellectual property concerns. Our culture and our technology must respect the foundational role that all creators play in AI’s ultimate output.”
– SoundExchange President and CEO Michael Huppe
FOX 5 NEW YORK
Artificial intelligence and the music industry: Harmonious or harmful?
by Dan Bowens
THE ATLANTIC
The Problem With Counterfeit People
by Daniel C. Dennett
THE WASHINGTON POST
AI-generated Drake song is an insult to the artistry of hip-hop
by Shamira Ibrahim
UK MUSIC
UK Music Signs Up To Human Artistry Campaign On World IP Day
by UK Music
THE ROOT
AI-Generated Music Is Creating Black Art Without Black Input
by Noah A. McGee
THE WASHINGTON POST
Opinion: To protect human artistry from AI, new safeguards might be essential
by T Bone Burnett & Jonathan Taplin
MUSIC BUSINESS WORLDWIDE
Something New: Artificial Intelligence and the Perils of Plunder
by Michael Nash
THE NEW YORK TIMES
Making Deepfakes Gets Cheaper and Easier Thanks to A.I.
by Stuart A. Thompson
THE ILLUSION OF MORE
Art is Human
by David Newhoff