A new bill on artificial intelligence deepfakes introduced by a bipartisan group of senators is bringing together actors, studios and tech companies.
The NoFake Act, spearheaded by Democratic Senator Chris Coons of Delaware, is an updated version of an earlier discussion draft introduced last fall that aimed to target digital deepfakes and protect the likeness of actors (and ordinary citizens).
“That's it, AI scammers! Creating federal intellectual property protections against unauthorized digital copies will protect us all in this brave new world,” SAG-AFTRA president Fran Drescher said in a statement on the union's website. “This progress is a huge win, especially for actors who make a living off their likeness and brand!”
She thanked Sen. Coons and other lawmakers who sponsored the bill, including Sens. Marsha Blackburn (R-Tenn.), Amy Klobuchar (D-Minn.) and Thom Tillis (R-North Carolina).
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SAG-AFTRA President Fran Drescher said the anti-counterfeiting law is a “huge win” for everyone, “especially for actors who make a living off their likeness and their brand.” (Rodin Eckenroth/Getty Images)
Duncan Crabtree Ireland, national executive director and chief negotiator for SAG-AFTRA, told Fox News Digital, “I think it was Senator Coons' vision, and certainly it was our vision, that all the key stakeholders should be consulted along the way before the bill was even formally introduced, because it's so hard to get legislation passed in Washington, especially right now. And we felt that we would have the best chance of passing the bill if all the concerns and issues were really heard. And from our perspective, that's absolutely critical. The timing is now and it's desperately needed.”
The Motion Picture Association, which represents several major studios including Netflix, Sony, Paramount, Universal, Disney and Warner Bros., also praised the bill.
Duncan Crabtree Ireland, national executive director and chief negotiator for SAG-AFTRA, told Fox News Digital that the bill was revised with “all major stakeholders” in mind. (Tom Cooper/Getty Images for SeriesFest)
“We support protecting performers from the misuse of generative AI. This bill carefully establishes federal protections against harmful uses of digital replicas while respecting First Amendment rights and creative freedom,” MPA president and CEO Charles Rivkin said in a statement on the group's website.
“This is crucial. The timing is now and it's desperately needed.”
— Duncan Crabtree Ireland
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While the MPA was initially hesitant about the original bill's language, in a statement when the bill was introduced last year it said it looked forward to working with senators to craft a bill “without infringing on the First Amendment rights and creative freedoms on which our industry relies.”
“I think the RIAA was supportive of the creation of the MPA from an early stage. … I think all of these factors combined to create an unprecedented level of support for any legislation that affects the entertainment industry,” Crabtree Ireland said.
AI expert Marva Baylor noted that tech companies such as OpenAI and IBM are also interested in supporting the bill.
WATCH: AI expert explains why tech companies would back Hollywood-backed AI bill
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“It may surprise some people, but tech companies, film organizations, professional associations, creators are actually in favor of this bill,” she told Fox News Digital. “So why would Open AI, Disney, and IBM alliance WatsonX be interested? Because this bill would put some guardrails on the existing market. And what's happening with these deepfakes is people are creating an alternative market, one that has no rules and no monetization.”
Coons' website outlines his bill, explaining that it would “impose liability for damages on individuals or companies that create, host, or share digital replicas of people featured in audiovisual works, images, or audio recordings that those individuals did not actually appear in or authorize, including digital replicas created by generative artificial intelligence (AI).”
“So, it's certainly remarkable that SAG-AFTRA, the MPA, the RIAA and OpenAI would all support a bill that not only pertains to the entertainment industry, but goes far beyond it.”
— Duncan Crabtree Ireland
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The proposed penalties include a $5,000 fine, as well as damages and removal of digital copies, and the possibility of bringing civil lawsuits against perpetrators, with damages of $5,000 for each work that contains an unauthorized copy for online services and $25,000 for non-online perpetrators such as studios.
“I think the most important thing is to actually get something enacted, because this is an issue that's really impacting people right now, and it's a really real issue,” Crabtree Ireland said. “I've spoken to dozens of union members who have been personally affected by this issue. I myself was deepfaked during the contract ratification process at the end of the TV station strike last year. Someone made a video saying false things about the contract that I negotiated, encouraging people to vote against it. They posted this on social media, on Instagram, and tens of thousands of people saw it, and there was no way to not ring that bell. So I think there's definitely a need facing union members, and I think people far and wide.”
WATCH: Legal experts explain what changed in anti-counterfeiting laws to get studios on board
Citing a recent case in which a Maryland school superintendent was allegedly made to make racist comments using an AI deepfake, Rosenberg stressed that the bill “is not limited to just celebrities.”
“So it is not necessary to prove that a person's voice or likeness has commercial value in order to be covered by this law.”
Scarlett Johansson is one of several stars who have had to contend with deepfakes. (Paolo Brocco/FilmMagic)
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“The stories we're hearing about deepfakes are certainly bad stories and they're impacting individuals, but I agree there's a lot of good as well, and having these safe harbor-type provisions allows this technology to continue to develop and grow,” he added.
Baylor echoed that sentiment, saying the importance of the bill is that it establishes “transparency.”
“So no one is saying, 'AI is not going to happen. We have to stop it.' We want to understand transparency of where it's being used, and we want permission. And the place we really have to be careful of is the alternative market, which means we're seeing actual brands licensing their image and likeness through contracts to create Elvis or Kiss or Abba-like experiences. That's really exciting.”
While guardrails for writers and actors were put in place after last year's strike, SAG-AFTRA is still grappling with the impact of AI in other areas of entertainment.
SAG-AFTRA is staging a video game performers' strike after more than a year and a half of negotiations. (Michael Buckner/Variety via Getty Images)
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The union is currently on strike on behalf of its members who work in video games after more than a year and a half of negotiations.
“Despite reaching an agreement on many issues important to SAG-AFTRA members, the employers refuse to explicitly affirm in clear, enforceable language that the AI language will protect all performers covered by this contract,” SAG-AFTRA's website states.
WATCH: SAG-AFTRA president explains why last year's 'devastating' Hollywood strike was 'necessary'
Regarding the current strike, Crabtree-Ireland said she hopes the passage of the anti-counterfeiting bill will strengthen what she called a “mosaic of protections.”
Reflecting on the previous strike, which saw Hollywood shut down for almost six months last year, Crabtree Ireland said: “Our members suffered. Other workers in the industry suffered. The whole industry suffered. It was necessary at the time and I wish it hadn't been. Looking at the final agreement, it feels like the companies could have made this deal with us on July 12th and all of this could have been avoided and they refused, which is very frustrating. On the other hand, getting ahead of the introduction of AI was essential. If we had tried to negotiate after the industry had already started using AI at scale, it would have been impossible to actually put the AI genie back in the bottle. So I'm really pleased that we were able to anticipate this challenge.”
Reflecting on last year's strike, Crabtree-Ireland said it was “devastating” but “necessary” at the time. (Mario Tama/Getty Images)
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He added, “This is an existential fight, and that's why we're fighting the video game companies now, because if we wait three years it will be too late, things will get worse and there will be no turning back. So this is a fight for the future careers of our members, and it's even more fundamental than that.”
