THE SENATE

S.R. NO.

81

THIRTY-SECOND LEGISLATURE, 2024

 

STATE OF HAWAII

 

 

 

 

 

SENATE RESOLUTION

 

 

ENCOURAGing the United states Congress to pass the nurture originals, foster art, and keep entertainment safe ACT OF 2023 (no fakes act) and the no artificial intelligence fake replicas and unauthorized duplications act of 2024 (no ai fraud act).

 

 


     WHEREAS, the technology to produce, disseminate, and exploit media content utilizing generative and traditional artificial intelligence has exploded and evolved significantly in recent years; and

 

     WHEREAS, while the technology and tools have evolved, from the earliest parietal paintings to the Sistine Chapel, to the Gutenberg printing press, to Technicolor movies, and to TikTok, artistic expression, creative storytelling, and engaging performances have a common element: human connection; and

 

     WHEREAS, there must be a balance between creative expression and artistic freedom, and protections against exploitation through the use of generative and traditional artificial intelligence; and

 

     WHEREAS, these recent advancements in technology have not only affected artists and creatives, but also other individuals, ranging from high school girls to celebrities, who have been unable to protect their voice and likeness from misappropriation; and

 

     WHEREAS, the State protects a person's or personality's name, image likeness, voice, and signature, collectively, and the rights of publicity, under chapter 482P, Hawaii Revised Statutes, regardless of whether those rights were ever commercially exploited; and

 

     WHEREAS, a bipartisan group of members of the United States Senate have promulgated a discussion draft of legislation that provides protections for human creator, the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023 (NO FAKES Act); and

 

     WHEREAS, an additional bipartisan group of members of the United States House of Representatives introduced a bill, the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024 (No AI FRAUD Act); and

 

     WHEREAS, the State works to protect artists, content creators, and the creative workforce by encouraging jobs for humans; and

 

     WHEREAS, the State also works to protect individuals against artificial intelligence abuse and establish a framework to assert that every individual has a property right to their own likeness and voices; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2024, that the United States Congress is encouraged to pass the Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2023 (NO FAKES Act) and the No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024 (No AI FRAUD Act) or similar legislation as a safeguard against the exploitation of artists, creative professionals, and individuals by unfettered artificial intelligence technology; and

 

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Speaker of the United States House of Representatives, Minority Leader of the United States House of Representatives, President Pro Tempore of the United States Senate, and Hawaii's congressional delegation.

 

 

 

 

OFFERED BY:

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Report Title: 

Artificial Intelligence; NO FAKES Act; No AI FRAUD Act; Artistic Freedom; Exploitation; Privacy; Technology; Freedom of Speech; Art