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Proposed Legislation Aims to Protect Individuals from Image Theft Using AI Technology

A recently proposed bill in Congress is seeking to address the growing concern surrounding the creation and use of digital replicas of human beings. The draft bill, known as The Nurture Originals, Foster Art, and Keep Entertainment Safe Act (NO FAKES Act), is sponsored by Senators Chris Coons, Marsha Blackburn, Amy Klobuchar, and Thom Tillis. The bill is designed to regulate the unauthorized use of individuals’ likeness and the creation of AI-generated images and voices without their consent.

The introduction of this bill comes in response to the rising risk of AI technology being used to create manipulated images of real and deceased individuals, depicting them in situations they did not consent to. In addition, there are concerns about the lack of compensation for the unauthorized use of their features in digital reproductions.

The proposed Act aims to establish the first federal right of publicity, enabling individuals to enforce their publicity rights in all 50 states. This move is crucial as the right of publicity, which prevents the unauthorized commercial use of an individual’s name, likeness, or other recognizable aspects of one’s persona, is currently protected by state laws in only about half of the states.

According to the Act, a “digital replica” refers to a computer-generated electronic representation of an individual’s image, voice, or visual likeness that is indistinguishable from the actual portrayal of that individual and is used without their consent. The Act grants individuals the right to authorize the use of their image, voice, or visual likeness in a digital replica, with this right being considered a property right and lasting seventy years after the individual’s death, similar to US copyright law.

In the event of a violation of the NO FAKES Act, individuals will have the right to pursue civil lawsuits for damages, including punitive damages if the defendant acted with malice, fraud, or oppression. The Act also outlines exceptions to liability, akin to the “fair use” provisions under copyright law.

The introduction of the Act signifies a significant step towards protecting individuals from the unauthorized use of their likeness in digital reproductions. However, the complexity and nuances involved in legally addressing these issues require careful consideration and potential amendments during the legislative process.

AI legalese decoder can assist legal professionals and individuals in understanding the implications of this proposed legislation. By analyzing and decoding the intricate legal language used in the Act, this AI tool can provide insights and interpretations that facilitate comprehension and informed decision-making regarding the regulation of digital replicas and the enforcement of individuals’ rights in the digital realm. Through its capabilities in deciphering legal terminology and concepts, AI legalese decoder can be a valuable resource in navigating the intricacies of the NO FAKES Act and its potential implications for individuals and businesses.

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