The rise of artificial intelligence technology opens the door to potential abuses, exploitation and fraud. Under the leadership of its Government Affairs and Public Policy team, SAG-AFTRA backs state and federal legislation that seeks to fill the gaps in current legal protections for individuals.
FEDERAL
NO FAKES Act
The Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023, or “NO FAKES Act,” is a bipartisan proposal that would protect the voice and visual likeness of all individuals from unauthorized recreations from generative artificial intelligence. It grants individuals the exclusive right to authorize the use of their image, voice, or visual likeness in a digital replica, making it a property right that is licensable and descendible. This right is violated if someone produces a digital replica without consent or publishes, distributes or transmits an unauthorized digital replica.
At press time, SAG-AFTRA National Execuive Director Duncan Crabtree-Ireland was scheduled to be a witness during a Senate Judiciary Committee hearing on April 30 for the NO FAKES Act.
No AI FRAUD Act, HR 6943
The No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act of 2024, or “No AI FRAUD Act,” seeks to protect people’s likenesses and voices from A.I. exploitation. If passed, it would prohibit the publication, distribution or transmission of an unauthorized digital replica without consent.
To find out more, visit humanartistrycampaign.com/news.
Preventing Deepfakes of Intimate Images Act, HR 3106
The Preventing Deepfakes of Intimate Images Act prohibits the non-consensual disclosure of digitally altered intimate images. The legislation both makes the sharing of these images a criminal offense and creates a right of private action for victims to seek relief.
AI Labeling Act, S.2691/HR 6466
This bill directs the National Institute of Standards and Technology to form a working group to assist platforms in identifying A.I.-generated content.
AI Foundation Model Transparency Act, HR 6881
This bill directs the Federal Trade Commission to establish standards for making publicly available information about the training data and algorithms used in artificial intelligence foundation models.
STATE
CALIFORNIA
AB 1836 provides protections against unauthorized uses of deceased performers’ voices and likenesses in sound recordings and audiovisual works.
AB 2602 seeks to ensure informed consent and proper representation when an individual licenses their voice and/or likeness for use as a digital replica.
ILLINOIS
SB 3325/HB 4875 prohibits the dissemination of a sound recording or audiovisual work that contains a simulated or artificially created version of an individual’s identity for commercial purposes.
SB 3705/HB 4762 creates the Digital Voice and Likeness Protection Act, making any agreement that authorizes the use of a digital replica null and void if the consenting individual wasn’t represented by legal counsel or a labor union.
NEW YORK
S.6859/A.216-B will protect consumers from the duplicitous use of synthetic media by requiring all advertisements, in any medium, to disclose when synthetic media is used within that advertisement.
S.7422-B/A.7634-A protects against companies obtaining film tax credits if they have replaced jobs with A.I.
S.7676/A.8138 will ensure digital replica rights are only licensed, if at all, with informed consent, and the help of knowledgeable attorneys and unions.
LEGISLATIVE VICTORIES
SB 2096/HB 2091, Ensuring Likeness Voice and Image Security Act, or “ELVIS Act,” was signed into Tennessee law in March. It is the first enacted legislation in the United States specifically designed to protect performers from the unauthorized use of their voices and likenesses in audiovisual work and sound recordings by artificial intelligence technologies.
Deepfakes Legislation Signed Into Law
In 2020, with CA AB 602 and NY S 5959-D, SAG-AFTRA was instrumental in establishing civil remedies for victims of non-consensual, sexualized deepfakes in both New York and California.
Want to help?
Those interested in helping advocate for the legislation are encouraged to call and write to your representatives, letting them know you want Congress to pass laws that protect individuals from A.I. abuse.
Deepfakes Open Letter
SAG-AFTRA has also signed the Disrupting the Deepfakes Supply Chain letter. You can add your signature at openletter.net/l/disrupting-deepfakes.
This item originally featured in the SAG-AFTRA spring 2024 magazine issue.