C4IP board member and retired federal judge Kathleen O’Malley recently published a new opinion piece in World Intellectual Property Review on how the proposed NO FAKES Act would help guard creators’ and artists’ intellectual property against the misuse of emerging AI technology.
The Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act would create a new “digital replication right,” which allows individuals to authorize or prohibit the use of their likeness and voice.
As O’Malley explains, existing laws are insufficient to govern the use of AI technology, which has transformative potential but also a large capacity for misuse. The NO FAKES Act would allow for further AI development and encourage creative uses of the technology while simultaneously protecting human singers, actors, and artists for years to come.
O’Malley concludes, “The NO FAKES Act would preserve the incentives that drive creative expression — while ensuring that, in the digital age, our identities, our art, and our innovations remain inviolably our own.”