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New Bill Introduces 'Digital Replication Right' to Protect Personal Likeness

Senators Coons, Blackburn, Klobuchar, and Tillis have introduced the NO FAKES Act of 2024. This bill aims to protect individuals from unauthorized AI-generated replicas of their likeness or voice. The Act introduces a "digital replication right," granting exclusive control over digital replicas of one's likeness. This right extends ten years post-mortem, with potential five-year extensions if actively used. It can be licensed and inherited, lasting up to 70 years after death.

The Act defines a "digital replica" as a highly realistic, computer-generated representation of an individual's voice or likeness. It excludes activities like remixing or digital remastering authorized by copyright holders. The bill also respects First Amendment rights, allowing for documentaries, biographical works, and content created for comment, criticism, or parody.

This legislation responds to the ease with which AI can now create photorealistic replicas of individuals. It seeks to balance intellectual property protection with freedom of speech.

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