AI vs. Entertainment Law: What is the NO FAKES Act?

AI vs. Entertainment Law : What is the NO FAKES Act

It is no secret that AI is completely reshaping almost every industry, and entertainment is no exception. From creating music that sounds exactly like an actual artist sang it to creating hyper realistic images and videos, the possibilities may seem very exciting. However, along with excitement comes concern. Artificial intelligence is raising serious legal questions especially regarding intellectual property and consent.

To combat these concerns regulations have started to emerge: The NO FAKES act is one of them. The goal of this act is to protect creators in the age of AI, as there is a growing need for our laws to advance as quickly as technology itself. So, what does this act entail?

The NO FAKES Act:

The Nurture Originals, Foster Art, and Keep Entertainment Safe Act also known as the NO FAKES Act, is a bipartisan bill that was introduced in 2024 and  is “the first federal recognition of the right of publicity, the NO FAKES act creates a uniform private right of action against the unauthorized use of deepfakes. "according to Georgetown Law Tech Review.  This protects individuals against the AI creation of fake content including “digitally created or manipulated” audio recordings, images, and videos. This means individuals would be able to act against unauthorized digital copies of themselves. An example of a recent situation related to this act is when an AI generated voice track mimicking the musician Bad Bunny went viral and was spread without his consent. If the NO FAKES act were passed, creators would have needed Bad Bunny’s consent to produce these creations. According to the  American action forum, to incur liabilities  the individual must purposefully avoid knowing or have been told the content they are spreading is a digital replica. Platforms are also now held accountable; they may face fines up to $25,000 if they do not take down reported content within a certain amount of time given. The bill has gained strong support from massive companies such as YouTube and the Recording Academy. While those most likely to be affected by the digital replicas seem to be endorsing the act, it is a potentially dangerous bill in the eyes of some analysts. Due to the fact an individual can choose to get speech they do not like written about themselves removed this may conflict with the first amendment right of speech.  

Today, the line between creativity and consent is becoming even blurrier due to the dominance of AI. Acts such as the NO FAKES Act are necessary to protect individuals against unauthorized digital replicas. When both creators and platforms are held accountable, the rights and likeness of individuals can be preserved. Still, it is not without critique. Some claim the ability to delete content poses a threat to freedom of speech. This means balancing protecting our constitutional right to freedom of speech with protecting creators will be crucial. The NO FAKES Act is the beginning of a much larger legal debate as we watch it possibly move from pending to passed.