An updated version of the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act was reintroduced in the U.S. House of Representatives and Senate on Wednesday (May 20) with a wide coalition of music industry support, including from the three major music companies, the Recording Industry Association of America (RIAA), the Recording Academy and the National Music Publishers Association (NMPA).
The bill, which aims to establish federal rights around likeness for individuals portrayed in digital deepfakes, was first introduced in 2024. While it has maintained steadfast support within the music industry ever since, including a co-sign from country star Randy Travis last year, it has also increasingly gained the support of the tech giants. Last year, OpenAI, Google and IBM announced their support of the bill, and now, with this latest reintroduction, Spotify and Getty are signing on as well.
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Some critics, however, have warned that such legislation is too aggressive and could hamper free speech. By granting people a broad new way to sue over the use of their likenesses on the internet — existing state laws are more limited, covering only commercial exploitation — opponents of previous versions of the NO FAKES Act have warned that it could force online platforms to self-censor and remove too much content out of fear of legal liability.
The bill’s authors say they’ve avoided those pitfalls with the latest version, which they say has “carefully calibrated exceptions” aimed at ensuring “open discourse,” including explicit carve-outs for news coverage, biopics and criticism. There is also protection from liability for libraries and similar organizations.
The other updates to the bill are to ensure that the enforcement mechanisms work for a wide variety of platforms — whether it’s a user-generated platform, like YouTube, or a more curated one, like Spotify. Now, the way disputes are processed and enforced will be tailored to what kind of platform the issue occurs on. For a site that relies on user-generated content, it offers a “safe harbor,” meaning the platform will not be held liable for a user’s deepfake upload to its site as long as it follows the rules and takes down the content when it’s alerted to it. The updated bill also now allows for challenges to incorrect takedown notices.
The goal of NO FAKES is to provide nationwide protection over one’s voice and likeness in the case of “digital replicas,” which include — but are not limited to — deepfakes created by artificial intelligence. This is an increasingly pressing issue for the music industry, as artists, including Taylor Swift — who recently applied for new trademarks on the sound of her voice, a move seemingly designed to combat deepfakes — face issues with the dissemination of images and songs that contain AI recreations of themselves.
Currently, artists’ only protection against AI deepfakes is from some states’ right of publicity laws, which vary widely in the level of protection they provide. Some states, like Tennessee, have updated their publicity rights laws to cover issues specific to the AI age, but many have not. NO FAKES’ proponents believe the bill could create a baseline level of protection for all citizens.
The NO FAKES Act was first introduced as a draft bill in 2023 and formally introduced to the Senate in the summer of 2024. Other music industry supporters include CAA, BMI, American Association of Independent Music (A2IM), Academy of Country Music, Human Artistry Campaign, Music Artists Coalition, American Federation of Musicians (AFM), ASCAP, SAG-AFTRA, SESAC, Songwriters of North America (SONA), Sound Exchange, Christian Music Trade Association, Folk Alliance International and more.
Additional reporting by Bill Donahue.
