The Center for Democracy and Technology (CDT) has joined a letter addressed to Senators Chris Coons and Thom Tillis, Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, expressing concerns regarding the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, S. 4875. This proposed legislation would grant individuals a lifetime property right in their voice or visual likeness in any digital replica. While individuals could directly license this right, they would not be able to assign it.
Although acknowledging the serious concern about the harmful misuse of digital replica technology, the letter outlines several issues with the bill. Firstly, it argues that the bill is excessively broad and does not consider existing federal and state laws that already address such concerns. Secondly, it suggests that high cumulative penalties could lead platforms to over-censor content. Thirdly, while the property right resides with the individual, the open-ended nature of their licensing rights could create significant risks of misinformation. Lastly, there is concern that the bill could inadvertently curtail recognized rights of individuals and their families.
The letter was also sent to other Members of the Senate Judiciary Committee and urges Congress to reexamine this issue more thoroughly and seek more targeted solutions for specific problems.
Read the letter here.
