Texas looks to protect artists from artificial intelligence fakes

AUSTIN (Nexstar) — Josh Abbott is proud of the Texas roots that ring through his red dirt music. His band has risen to statewide stardom since he founded the country group while studying at Texas Tech in 2006. Now, he worries that grit could be grifted by fakes powered by artificial intelligence.

“There’s all sorts of ways AI can be used for good in all industries, but there’s also ways it can take advantage of people,” Abbott told Nexstar after testifying on the issue in front of the Senate Business and Commerce Committee on Tuesday. “My focus right now is to limit how it can take advantage of people like myself, but also all of my friends, colleagues, peers in the music industry.”

Abbott warned legislators there are insufficient restrictions on the name, image, and likeness of artists, especially relating to deepfakes of a singer’s voice.

“Somebody could go out, record a song, put my name on it, have an AI-generated version of my voice and perhaps my band, and it misrepresent our band. Or even, maybe it’s really good and it streams a ton, but we’re not seeing any royalties from that,” he said.

Some AI programs can now produce convincing voice impersonations of artists on demand, mimicking their unique sound and even lyrical styles.

The issue capped Tuesday’s hearing where state senators grappled with the benefits, and risks, of the emerging technology.

“We are, in real time, trying to figure out how to govern a thing and regulate a thing that doesn’t even fully exist yet,” State Sen. Nathan Johnson, D-Dallas, told Nexstar. “We’re in a totally new frontier.”

Johnson anticipates lawmakers will file a “buckshot” of bills relating to AI when the next session convenes in January, leading to unconventional political alliances around issues that do not fall neatly into ideological lines. He said the issue is about no less than Texas’ identity.

“When we’re talking about art in particular, that is an economic driver,” he said. “But as one of the witnesses said in the hearing, it’s also our culture. It’s our cultural soul. If we don’t protect artists, we won’t have any art. If we don’t have any art, our whole civilization dies. I don’t want to be melodramatic, but really — it’s what we are.”

AI regulation nationwide

In the self-proclaimed “Live Music Capital of the World,” the Texas Capitol is behind other states in protecting artists’ intellectual property. In March, Tennessee Governor Bill Lee signed the “ELVIS” Act into law — “Ensuring Likeness Voice Image Security.” The law builds upon state identity protections to include “voice” in the category of protected likeness.

In August, Illinois Governor J.B. Pritzker signed a law increasing protections for recording artists that will go into effect next year.

Congress is also trying to tackle the issue. In January, Rep. Maria Salazar, R-Florida, introduced the “No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act, or No AI FRAUD Act .” The bill has bipartisan support and says individuals have property rights to their likeness and voice. Cosponsors include representatives like Republican Nathaniel Moran and Democrat Henry Cuellar of Texas. The bill is pending in the House Judiciary Committee.

The White House also developed a blueprint for an AI Bill of Rights in October 2022 that includes guidance on data privacy. It says AI developers should seek permission before using someone’s data.

What’s next in Texas

Texas won’t take any legislative action on the issue until at least mid-2025. Lawmakers return for the 89th legislative session in January.

“Your voice is your brand, your skills are your brand. Your name, your image, your likeness, we have a duty to protect those things,” Abbott said. “Texas culture specifically has such a long history and pride when it comes to Texas singers and songwriters… if you think about it from that perspective, it really puts a high importance and priority on protecting those people.”

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