The COPIED Act's Fight Against AI Deepfakes

A bipartisan group of U.S. senators, headed by Washington's Maria Cantwell, has introduced a new initiative to combat AI-generated deepfakes. On Thursday, they revealed the Content Origin Protection and Integrity from Edited and Deepfaked Media Act, or the COPIED Act. This law aims to ban unauthorized use of content for AI training, urging creators to maintain control and rights to compensation.

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The COPIED Act calls for a standardized method of watermarking AI-generated content, making it easily detectable. It also mandates that AI tool providers enable creators to attach unremovable information specifying the origin or "provenance" of their content.

Under the proposal, the National Institute of Standards and Technology (NIST) will be responsible for developing the method used for watermarking content and data.

Support from the Creative Community

Last year, SAG-AFTRA and the Writers Guild of America (WGA) held a strike lasting several months due to failed contract negotiations, which included discussions on the use of AI in Hollywood.

“Senator Cantwell’s legislation ensures that the tools necessary to make AI technology usage transparent and traceable to its origin will enable victims of misuse to identify and pursue wrongdoers,” said Duncan Crabtree-Ireland, SAG-AFTRA’s Executive Director and Chief Negotiator, in a statement.

We need a fully transparent and accountable supply chain for generative artificial intelligence and its content to protect everyone’s fundamental right to control the use of their face, voice, and persona.

In November, the U.S. Federal Trade Commission (FTC) asserted its authority to enforce laws related to artificial intelligence in the United States, noting that generative AI could "turbocharge" fraud and emphasizing its role in regulating AI to protect consumers. Now, the FTC has a chance to prove itself, as the enforcement of this law will be in their hands, alongside state attorneys general.

Several senators have already signed onto the proposed bill, including Marsha Blackburn (Republican from Tennessee) and Martin Heinrich (Democrat from New Mexico).

Artists are also joining the battle between AI and copyright. In April, British actor and musician FKA Twigs (Tahliah Debrett Barnett) spoke before the U.S. Senate Judiciary Committee, emphasizing the importance of artists having control over their digital likenesses and advocating for legislation to prevent unauthorized use.

Mitch Glazier, Chairman and CEO of the Recording Industry Association of America (RIAA), also voiced support for the law: 

Protecting the life’s work and legacy of artists has never been more crucial, as AI platforms copy and use recordings scraped from the internet on an industrial scale, and AI-generated deepfakes continue to multiply rapidly. The RIAA strongly supports provenance requirements as a foundational element of accountability and enforcement of creators' rights.

Final word

Artificial intelligence has enabled malicious individuals to produce deepfakes of anyone, including those in the creative community, replicating their likeness without permission and benefiting from fraudulent content. The COPIED Act takes a significant step toward better protecting everyday targets, such as artists and performers, from deepfakes and other fraudulent content.

The law will ensure much-needed transparency for AI-generated content. COPIED will also return control to creators, including local journalists, artists, and musicians, through a process of provenance and watermarking, which is clearly much needed.

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