CDT Joins Letter Opposing NO FAKES Act
CDT joined a letter sent to Senators Chris Coons and Thom Tillis, Chair and Ranking Member of the Senate Judiciary Subcommittee on Intellectual Property, highlighting concerns about the Nurture Originals, Foster Art, and Keep Entertainment Safe (NO FAKES) Act, S. 4875. This bill would give individuals a lifetime property right in their voice or visual likeness in any digital replica. The individual could directly license the right, but could not assign it.
While recognizing and sharing the serious concern about harmful misuse of digital replica technology, the letter explains a number of problems with the bill, including the following: First, the bill is unnecessarily broad, without taking account of current federal and state laws that already help address that concern. Second, the high cumulative penalties would predictably lead platforms to err excessively on the side of censoring. Third, while the property right resides in the individual, the individual’s right to license is so open-ended that it could create undue risks of misinformation. Fourth, the bill could backfire, resulting in curtailing the recognized rights of the individuals and their families.
The letter, also sent to other Members of the Senate Judiciary Committee, encourages Congress to reexamine the issue more thoroughly and pursue more targeted solutions for specific problems.
