While Washington, D.C. quiets down with Congress out for the August recess, the Recording Academy has ramped up its advocacy efforts, engaging with state governments across the nation. This work focuses on enacting legislation to protect artists' images and voices from unauthorized regenerative AI, highlighting the need for a safer, more equitable environment for creators.

Texas Takes Center Stage

On August 27th, Texas found itself at the heart of these efforts when Recording Academy member Josh Abbott testified before the state's Senate Committee on Business and Commerce. As the frontman of the Josh Abbott Band, he spoke passionately about the importance of safeguarding an artist's unique identity, emphasizing the personal violation that occurs when AI duplicates are used without consent. 

“My voice and image set me apart. It is part of what defines me as an individual and drives my career. When others use an artist’s voice and likeness without consent, it is a personal and fundamental violation that strikes at the heart of who we are and what we do as creators," Abbott testified. 

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In his testimony, Abbott pointed out that while Texas law currently recognizes property rights to an individual's name, voice, and likeness after death, it fails to protect living creators. He urged Texas lawmakers to pass strong protections to safeguard human creativity. “AI fakes don’t care if you’re famous, an actor, a recording artist, or even if you’re alive or dead. AI frauds and deepfakes can impact everyone. False and unauthorized depictions driven by digital technology can destroy relationships, businesses, public trust, livelihoods and legacies.”

While at the state capitol, Abbott found time to meet with a number of lawmakers working on AI issues. When the legislature reconvenes in early 2025 for the state’s 89th legislative session, the Recording Academy anticipates that there could be active legislation around AI policy.  

California's Cultural Economy and Artist Protections

In California, advocacy efforts were equally vibrant. On August 16th, Qiana Conley Akinro, Senior Executive Director of the Recording Academy’s Los Angeles Chapter, took a stand at the California Assembly Select Committee on Downtown Recovery during a field hearing on “Revitalizing Struggling Downtowns Through Arts, Culture, and Entertainment” in San Diego.

Conley Akinro discussed the impact the Recording Academy members have in California along with the overall value of arts and culture to the state’s economy. Music, alone, contributes $39.5 billion to the state’s GDP according to research by the RIAA, the Otis College Report on the Creative Economy found that 7.6 percent of all jobs in California are tied to creative industries. 

Conley Akinro also spoke about the critical importance of legislative protections for artists against unauthorized AI duplicates. Specifically, she highlighted the significance of the Recording Academy-endorsed Assembly Bill 1836, which seeks to extend California's "Right to Publicity" law to deceased individuals, preventing their likeness from being exploited without consent. This bill, she argued, is just as crucial for living artists, particularly in the age of AI.  

“As artists embrace the potential for innovation with Artificial Intelligence, it’s crucial that there are effective guardrails in place that preserve the essence of human creativity," she testified. "No challenge is more pressing than the rapid growth of AI-generated digital replicas that impersonate an individual’s distinct image, likeness, or voice without consent or compensation.” She urged the state senate to pass the bill, which has already cleared the Assembly.

Georgia and Virginia Look Forward

Meanwhile, Georgia is contemplating new legislation inspired by Tennessee’s Ensuring Likeness Voice and Image Security (ELVIS) Act. On August 14th, Georgia Senate Committee on Artificial Intelligence Chair John Albers discussed the potential adoption of similar protections that include stronger guardrails on regenerative AI. 

Read more: How The House's No AI FRAUD Act And Tenn.'s ELVIS Act Will Protect Human Creativity

The law endorsed by the Recording Academy in Tennessee safeguards an individual's voice against misuse and imposes liability on companies that offer tools capable of replicating someone's voice or likeness. Given the state's vibrant creative industries, Georgia could become the third state to adopt similar protective legislation.

Virginia also took steps to potentially address AI concerns. On August 20th, Recording Academy’s Managing Director of State and Federal Advocacy Michael Lewan participated in a virtual roundtable on AI hosted by Virginia Delegate Jackie Glass. The discussion, which included Delegate Michelle Maldonado, focused on AI’s implications for the music industry. Both delegates discussed the potential to introduce comprehensive legislation in 2025 to safeguard Virginians against AI misuse.

Looking Ahead to Music Advocacy Day

As the summer advocacy efforts wrap up, the Recording Academy is gearing up for its 10th Music Advocacy Day on October 1st. This event will provide members nationwide with the opportunity to engage directly with their congressional representatives, continuing the push for meaningful protections for music creators in the face of evolving technological challenges.

For more details and to participate in the upcoming Music Advocacy Day, members can register here.

Music Advocacy Day Returns to Mark a Decade of Influencing Policy for Music Creators

On August 9, 2024, Illinois artists and advocates scored a significant victory as Governor J.B. Pritzker signed HB 4875 into law, marking a pivotal moment in the protection of artists' rights in the digital age. 

The new legislation, championed by the Recording Academy, updates Illinois's Right of Publicity law to address the emerging challenges posed by generative AI. This makes Illinois the second state in the nation, following Tennessee, to enact such protections for creators, setting a strong precedent for safeguarding against the unauthorized replication of individuals' likenesses.

HB 4875, sponsored by Rep. Jennifer Gong-Gershowitz and Senator Mary Edly-Allen, received bipartisan support as it moved through both the Illinois House of Representatives and Senate earlier this year. The law makes it illegal to produce unauthorized digital replicas of individuals and holds accountable anyone who contributes to or facilitates the distribution of these digital duplicates. This legal safeguard is essential in protecting artists from exploitation in an era where AI technology is rapidly evolving.

“The growing use of Generative AI has led to a situation wherein artists’ likeness can be recreated and used to generate new content without compensating — or even notifying — the human artist," said Rep. Jennifer Gong-Gershowitz. "HB 4875 protects artists from this new form of economic exploitation by creating a path to restitution for victims.”

Read more: NO FAKES Act Introduced In The Senate: Protecting Artists' Rights In The Age Of AI

Since its introduction in February, the Recording Academy has been a vocal advocate for the passage of HB 4875. Recording Academy National Trustee Dani Deahl and Chicago Chapter Board Member Jeff Becker testified in favor of the legislation before both chambers in March, underscoring the need for robust protections for creators. Becker, an attorney specializing in entertainment and media law, and Deahl, a DJ, producer, and artist based in Chicago, highlighted the potential dangers that AI-generated replicas pose to the rights and livelihoods of artists.

In April, members of the Recording Academy's Chicago Chapter took their advocacy efforts to Springfield, meeting with lawmakers to discuss the importance of HB 4875 in the context of the rapidly changing AI landscape. Their efforts paid off when the House passed the legislation by a vote of 79-24 the following day.

“We are thrilled to celebrate Gov. Pritzker’s signing of HB 4875 as Illinois becomes the second state in the nation to update its right of publicity law to protect creators in the age of artificial intelligence,” said Todd Dupler, the Recording Academy's Chief Advocacy Officer. “From helping craft the original legislation to leading a lobbying day with our Chicago Chapter members, the Recording Academy has championed HB 4875 from the very beginning, and this victory represents the core of our mission to advance legislation that ensures a robust music ecosystem for human creators. We are grateful to Rep. Gong-Gershowitz and Sen. Edly-Allen for their collaboration, and we will continue to advocate for the music community in this era of technological change.”

The Recording Academy's advocacy efforts will continue this October with the 10th Music Advocacy Day. Members will visit the district offices of their elected representatives to discuss crucial industry-related legislation, including the NO FAKES Act. This federal legislation aims to establish the first-ever nationwide right of publicity, building on the success of state laws like HB 4875.

The passage of HB 4875 in Illinois is a significant step forward in protecting artists' rights in an ever-changing digital landscape. The Recording Academy remains committed to ensuring that creators have the necessary legal protections to thrive in this new era.

Here's What Went Down At Advocacy Day 2024: The Fight For AI Safeguards And Ticketing Reform Hit Capitol Hill

Artists could soon have stronger protections against AI exploitation. On July 31, the NO FAKES Act was introduced in the Senate by Senators Chris Coons (D-DE), Marsha Blackburn (R-TN), Amy Klobuchar (D-MN), and Thom Tillis (R-NC). The Nurture Originals, Foster Art, and Keep Entertainment Safe Act of 2024, NO FAKES Act for short, is legislation that aims to safeguard the voice and visual likenesses of creators from the unauthorized creation and use of digital replicas.

The NO FAKES Act would establish the first-ever federal right of publicity in the United States, a significant advancement in the fight for creators' rights. This bill provides a national standard to protect creators' likenesses from being used without their consent, giving them control over their digital personas and offering recourse for unauthorized use by holding individuals, companies, and platforms accountable.

The Recording Academy has been a fierce advocate for the introduction of the NO FAKES Act and similar legislation across the country to combat the threat of AI-generated digital replicas. In February, Recording Academy CEO Harvey Mason Jr. appeared before the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet to testify on how Congress can promote responsible innovation in the use of artificial intelligence technology while addressing increasing concerns over the misuse of AI, particularly when it comes to the likeness, voice, and other identifying features of individuals.

“Artists in every genre have seen their voices mimicked using AI without their permission. Iconic artists who are no longer with us have also had their voices reproduced without the involvement of their families. This misuse hurts artists and their fans alike,” said Mason jr. in his testimony. 

Read more: Everything You Need To Know About GRAMMYs On The Hill 2023: What It Is, Who It Benefits & What It Has Accomplished

In May, during GRAMMYs on the Hill — Capitol Hill's largest and most prestigious music event — Recording Academy members and legislators met to discuss advancing creators' rights. Advocacy efforts focused heavily on AI fraud, highlighting the need to introduce the NO FAKES Act. The event underscored the urgency and importance of protecting artists in the evolving digital landscape.

Earlier this year at the state level, the Recording Academy worked closely with lawmakers in Tennessee on the passage of the ELVIS Act — the first bill in the nation to establish these protections. Gov. Bill Lee signed the ELVIS Act into law in March. A similar bill in Illinois, HB 4875, recently passed the state legislature.

Read more: The State Of The ELVIS Act: Inside Nashville Hearings & Advocacy Day To Protect Artists’ Likenesses

The NO FAKES Act has garnered broad support throughout the music and entertainment industries and is endorsed by the Human Artistry Campaign. Established with the help of the Recording Academy in 2023, this campaign aims to ensure that artificial intelligence technologies are developed and utilized in ways that enhance human culture and artistry, rather than replace or diminish them.

"The Recording Academy thanks Senators Coons, Blackburn, Klobuchar, and Tillis for their unwavering leadership in protecting artists, creators, and all individuals," said Mason jr. upon the bill’s introduction. "The NO FAKES Act is a major step forward in our fight to ensure that AI is used ethically and equitably to enhance creativity, not to exploit or replace it. This legislation will provide needed certainty and clarity to all stakeholders, and we urge the Senate to act quickly to pass it."

The fight for creators’ protections is ongoing. This October, the Recording Academy will host its 10th Music Advocacy Day, where members will visit the local district offices of their elected representatives to discuss legislation relevant to the industry, including the NO FAKES Act. The continued advocacy efforts highlight the Recording Academy's dedication to safeguarding the rights and interests of artists in the rapidly evolving digital age.

The American Music Tourism Act: Promoting the Music Economy

Over the past couple of weeks, the music community has lost two formidable advocates and friends of the Recording Academy: Rep. Sheila Jackson Lee and Abdul “Duke” Fakir. Both were passionate champions for creators' rights and made significant contributions to the music ecosystem, leaving it better than they found it. Their legacies will continue to inspire future generations of music advocates.

Sheila Jackson Lee

For nearly 30 years, Rep. Sheila Jackson Lee championed music policy on Capitol Hill. Sworn into the House of Representatives in 1995 to represent Texas’ 18th congressional district, which includes much of inner-city Houston, she was known for her strong advocacy on civil rights, healthcare, education, and social justice issues. Jackson Lee's influence extended to the House Judiciary and Homeland Security Committees, and her legislative efforts significantly impacted music activism, artists' rights, and fair compensation in the digital age.

A reliable champion for the Recording Academy’s Texas chapter, Jackson Lee frequently met with members both in their districts and on Capitol Hill. She collaborated with the Recording Academy to help immortalize the legacy of gospel music and was instrumental in various legislative initiatives:

• In 2017, Jackson Lee reestablished the long-dormant Congressional Jazz Caucus, advocating for the economic and cultural development of the jazz community.

• She introduced The National Jazz Preservation, Education, and Promulgation Act, aiming to preserve knowledge and promote education about jazz in the United States and abroad.

• Jackson Lee introduced H.Con.Res 370, designating September as Gospel Music Heritage Month. She noted, “Gospel music is a historical American art form that has spanned hundreds of generations and both inspires and entertains across racial, ethnic, religious, and geographic boundaries. We must officially recognize the great contributions to American culture that have derived from the rich heritage of gospel music and its artists.”

• An original cosponsor of the Music Modernization Act (MMA), Jackson Lee supported the legislation that updated copyright law, making it easier for artists to receive royalties from streaming services and ensuring more accurate payments to songwriters and producers.

Abdul “Duke” Fakir

Abdul "Duke" Fakir, born on December 26, 1935, in Detroit, Michigan, was a celebrated American singer best known as a founding member of the legendary Motown group The Four Tops. Known for hits like "I Can't Help Myself (Sugar Pie Honey Bunch)" and "Reach Out I'll Be There," The Four Tops played an instrumental role in shaping R&B music. Fakir, the last surviving original member of The Four Tops, ensured the group’s legacy endured in the music industry. His career spanned over six decades, earning numerous awards and accolades, including induction into the GRAMMY Hall of Fame in 1998 and receiving a GRAMMY Lifetime Achievement Award in 2009.

Fakir's advocacy work was incredibly impactful:

• Serving on the Artist Rights Alliance’s Music Council, Fakir fought for an economically fair digital landscape for creators.

• In 2017, Fakir joined the Recording Academy in Washington for GRAMMYs on the Hill, advocating for music licensing reform.

• Fakir was a fierce advocate for performance rights for sound recordings broadcast on AM/FM radio. In 2016, he joined with the musicFIRST Coalition in D.C. to advocate for the Fair Play Fair Pay Act, which would establish a performance right for artists on radio.

• He was also a leader in calling on Congress to  fix the pre-72 loophole, which was addressed by the passage of the Music Modernization Act in 2018. Prior to the MMA, sound recordings released before 1972 did not receive any digital royalties. Since the passage of the MMA, legacy artists like Fakir and their estates have begun to receive fair compensation for their classic works played by services like SiriusXM and Pandora.

During GRAMMYs on the Hill in 2017, Fakir told WTOP News, "Ever since [we first started having records] I’ve been fighting for performance rights, not just for me, a singer, but for musicians, for everyone who’s on the record...they’re all a part of the creation.”

As we remember Rep. Sheila Jackson Lee and Duke Fakir, we honor their contributions and unwavering commitment to the music industry. Their legacies will continue to resonate, inspiring future generations of music advocates to carry forward their mission for a fair and equitable music ecosystem.