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The No Fakes Act: Protecting Performers from Unauthorized Digital Replicas of Their Faces and Voices

Bipartisan bill aims to protect performers from unauthorized digital replicas of their faces and voices

A new bipartisan bill, known as the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023, or the No Fakes Act, is seeking to establish a federal law to protect actors, musicians, and other performers from unauthorized digital replicas of their faces or voices. The bill, sponsored by Sens. Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC), aims to standardize rules regarding the use of a person’s faces, names, and voices.

  • The No Fakes Act: The bill, if passed, would prevent the production of a digital replica of a person’s face or voice without their consent or the consent of the applicable individual or rights holder.
  • Exceptions: The bill allows for the use of a person’s digital replica without their consent if it is part of a news, public affairs, sports broadcast, documentary, or biographical work.
  • Durability of rights: The rights granted by the bill would extend throughout a person’s lifetime and 70 years after their death for their estate.

The Need for Protection

The No Fakes Act is being introduced in response to the increasing use of deepfake technology and other forms of digital manipulation that can create convincing replicas of a person’s face or voice. These replicas can be used without the person’s consent for various purposes, including advertising, entertainment, and even malicious intent.

Performers, in particular, are at risk of having their identities misused and their work exploited through the unauthorized use of their digital replicas. This can not only disrupt their careers but also potentially damage their reputation and livelihood.

The Need for Protection: This section explains the importance of the No Fakes Act in protecting performers from unauthorized digital replicas of their faces and voices.

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