A group of bipartisan U.S. senators has introduced a bill aimed at prohibiting unauthorized generation of artificial intelligence-driven content using people’s voices and images. On October 11, Senators Chris Coons and Amy Klobuchar from the Democratic Party, along with Senators Marsha Blackburn and Thom Tillis from the Republican Party, unveiled a discussion draft of the Cultivating Originality, Cultivating the Arts, and Keeping Entertainment Safe (Free from Counterfeits) Act.
Under this proposed legislation, those who create unauthorized copies of AI-generated content, as well as platforms knowingly hosting such content, could be held liable for damages. Penalties start at $5,000 per violation. The bill does permit certain limited uses of unauthorized AI-generated content that are protected by the First Amendment, such as content used in journalism, documentaries, or for purposes like commentary, criticism, scholarship, satire, or parody.
Senator Coons emphasized the need for clear policies regulating generative artificial intelligence and the importance of Congress striking the right balance between AI innovation and creativity while upholding individual rights and the First Amendment.
Senator Blackburn stressed that the bill is a "good first step" in protecting the rights of American creatives, including songwriters and actors, who should have the right to own their name, image, and likeness (NIL).
The introduction of this draft bill coincides with a notable increase in AI-generated songs that mimic the styles of numerous artists and are hosted on streaming platforms like YouTube and SoundCloud. Some content created by anonymous TikTok users has gone viral, such as the song "Heart on my Sleeve," which employed AI-generated voices of artists like Drake and The Weeknd. Such content, after gaining millions of views, has been taken down from platforms.
AI-generated likenesses have also become a contentious issue within the entertainment industry. Actor strikes and negotiations in Hollywood have grappled with the use of AI-generated images and voices. The Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) has supported the proposed legislation, citing the refusal of organizations like the Alliance of Motion Picture and Television Producers (AMPTP) to "protect performers from being replaced by artificial intelligence" as one of the factors that led to the breakdown of talks between the two parties.
In late September, the Writers Guild of America (WGA) ended a nearly five-month strike after reaching an agreement with the AMPTP on the use of artificial intelligence in writers' studios, as well as securing higher wages and fairer contracts.
