At Vermillio, we believe humanity should thrive in the era of AI. That’s why we’re proud to have offered guidance on and fully support the bipartisan NO FAKES Act, introduced by Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Thom Tillis (R-NC), and Amy Klobuchar (D-Minn.), along with Representatives Maria Salazar (R-FL) and Madeleine Dean (D-PA).
While generative AI brings remarkable opportunities, it also presents unprecedented challenges to personal identity and IP rights. The unauthorized creation of digital replicas has already impacted countless individuals, from celebrities to everyday people. Scammers and even terrorists are exploiting the likeness of famous people to take money from their fans. Children are the victims of deepfake pornography (last year, 15 percent of American high schoolers said they were aware of a deepfake that depicted another student in a sexually explicit manner). In custody battles, there are stories of people’s reputations being tarnished by manipulated imagery. This is about establishing fundamental rights for every American in the AI era.
The legislation establishes protections that, for the first time, recognize your name, image, and likeness (NIL) as legal property rights. Backed by meaningful financial penalties for violations, its protections include:
- Holding individuals or companies liable if they create or an unauthorized digital replica of an individual’s voice or visual likeness;
- Holding platforms liable for hosting or distributing an unauthorized digital replica if the platform has knowledge of the fact that the replica was not authorized by the individual depicted;
- Excluding certain digital replicas from coverage based on recognized First Amendment protections; and
- Preempting future state laws regulating digital replicas.
More broadly, Vermillio sees deepfakes as merely one element in a larger struggle over unauthorized content. The battle we’re engaged in comes down to a fundamental question: Will the future business model of generative AI prioritize human protections, creativity, and IP, or will it enable platforms to profit from and exploit individuals without proper safeguards?
Recently, our team formed a partnership with Steve Harvey to proactively protect his fans from unauthorized use of his image, an initiative highlighted by CNN. We also submitted a comprehensive AI Action Plan to the White House calling for robust IP rights protection while maintaining U.S. leadership in AI, highlighted by Axios. The coming months and years will determine whether we create an AI future dominated by a few platforms controlling both power and profit, or one where standards prioritize control, consent, credit, and compensation for everyone.
We extend our gratitude to Senators Coons, Blackburn, Klobuchar, and Tillis who recognize that cutting-edge technologies must play an essential role in delivering national security, protecting citizens, and closing vulnerabilities that allow bad actors to misuse AI. The battle ahead will be challenging, but we’re prepared for the long haul. We invite you to join us in supporting the NO FAKES Act and advocating for an AI future that works for everyone.