[inaudible conversations] the subcommittee and Senate Judiciary committee will come to order. I would like to thank our witnesses for participating today, my colleagues for joining me. I would like to thank Ranking Member tillis and his staff for working for putting this hearing together and thank senator blackburn for partnering with us on this hearing. About ten months ago, senator tillis and i held a subcommittee hearing on Artificial Intelligence and copyright law and their intersection. I opened the hearing with the debut of a new ai generated csonka, aia i, a riff on Frank SinatrasNew York New York with lyrics created by chat gpt and Voice Cloning Technology used to mimic Frank Sinatras voice. The song was fun to create with permission from the right holders of course, but also highlighted some pressing legal questions about generative ai, was my song protected speech . If i hadnt gotten permission with the song have violated mr. Sinatras rice to his voice and his style . Since that hearing, ai generated replicas have only grown more pervasive, from deep fake videos of celebrities talking products to songs made with voice cloning tools, closing as legitimate hits, to scam calls mimicking a panicked grandchilds voice. Ai generated replicas of tom hanks and gayle king were used to advertise medical services and a taped version of the on musk encouraged consumers to invest in a crypto currency scam. Drake, m m, areata grande, beyonce are a few of the Musical Artists seen their voices mimicked by ai clones. Mcafee, our Global Leader in online protection found one in four American Adults have experienced an ai voice scam with three quarters having lost money. Scammers using ai generated replicas of grandchilds voice to trick a grandparent out of money have become so sophisticated the cft and ftc have issued warnings. These examples are related commercial speech, but ai deep fakes dont stop there. Using other examples, nonconsensual explicit deep fake images and videos that is addressed in the defiance active senators durbin and grant. Generated warnings. Ai deepfakes dont stop there. Weve seen other examples, nonconsensual explicit deepfake photos and videos. Election interference, from the election interference, from the before they were taken down of was cloned President Biden encourage voters to stay home going to have two primary and in slovakia deepfake likely had an impact on thehe outcome of a national election. In summary, its a atolls of the coming christmas of or it becomes easier to replicate and distribute fake images of someone. Fakes of their voice, their likeness without consent. We cant let this challenge built on answered and an action should not be an option. President biden cautioned we must regulate and i voice impersonation but do so thoughtfully, striking the right balance between defending individual rights and fostering antiinnovation and creativity. Both congress and the administration have been working to strike that balance, a Bipartisan Group of senators young, heinrich, browns and schumer convened nine ai forums last year and senator schumer has encourage committees to work on ai legislation on a bipartisan basis just as we are doing today. Thats why i was excited to release the no fakes act discussion last october with senator tillis, blackmun nicole bush are. This that would protect people from having their images, voices or likenesses used to great digital replicas that say or do things they never agree to our would never say. The bill accomplishes this broad goal in two ways. By holding individuals and companies liable if they produce an unauthorized digital replicate of an individuals voice image or likeness. And by holding platforms liable if they post registered and unauthorized digital replicate of the platform those of person depicted did not authorize it. Unlike current light of publicity laws many states have enacted which often a focus on celebrities, the money title like this and leave ordinary people without remedy no fakes act protection will provide to all individuals regardless of whether they commercialize their voices images are likenesses. Our builderskn be careful to balance these protections against free speech rights. The First Amendment will apply to this bill whether we say it does or not. We make clear carveouts like, for example, parody and satire remain available to creators to continue to foster their artistic and innovative potential of the eye. Over the past six months weve had literally dozens of meetings and received extensive feedback, hundreds if not thousands of proposed revisions, tweaks, at its come wholesale changes on the discussion draft from stakeholders who love the draft, who hated the draft, of you and in between. That was exactly the point and appreciate the many constructive suggestions we have received. Thats the point of having a hearing today with folks who support the bill, who questioned the bill, who opposed the bill and have a real dialogue. Let me close, the feedback is centered around a few five differentth core technical area. Whether we should include a notice of takedown structure similar to the dmca. Whether we have struck the right balance with First Amendment exclusion. Whether a 70 year postmortem term should be adjusted or narrowed. Whether a bill should havee preemptive impact over similar state laws. Was the bill should create some process by which individuals with limited resources and minimal damages can enforce the rights under the law. So i look forward to continuing his work with mybi colleagues ad immediately following this hearing to work to promptly formalize the no fakes act for introduction next month. With senator blackburn and senator tillis, the great cooperation, we have assembled a wonderful panel today with diverse perspectives. I encourage you as a witness to tell us what you like about the draft, which you dislike about the draft, and be specific about what changes youd like us to consider and why. Ill introduce the witnessnd pal in a moment but let me next invite senator tillis to make his opening remarks. Thank you, chairman coons. As youre going to the description of the no fakes act i was thinking about we got a lot, i love the subcommittee because we actually do work year. We actually have a bunch of ip nerds or other Interested Party showing up. We have a lot of people interested in the space, but it think the nosu fakes act is unie among the other bills that weve carried forward in terms of intellectual property because it touchesha everybody. Normally its about patent holders. Or creators. This touches everybody, every socioeconomic strata. Its interesting but its also one of the reasons why we got to get it right. We have got to make sure that we come up with concrete solutions. We dont want to overreach. There is a need for legislation, sogh anyone who is in the dont fix it, it aint broke category, i respectfully disagree. But i would be fascinated to hear testimony if we have witnesses who are of that position. We also do want to miss your opportunity or we dont want to stifle opportunities for innovation. Thats why its important to get it right. We dont even know what ai is going to look like ten years from now. Interestingly enough, ais going to make ai if most of the scare over much shorter period of time so we, thats got to be instructed to our policy formulation. We have all seen as chairman coons has indicated, replicas, deepfakes, photos, videos, audios, work on a show an example here shortly, and the numbers just growing. We have to work on it. We have to do the fair thing. Entertainers, politicians and the public at large have been subject to really fake media for really much of the last 100 years. But now its getting serious and its producing and multiplying at a rate that requires congressional action. I wanted to, i think i want to go forward a little bit in my comments because i think senator coons did a good job of describing some of the challenges come some the things we want to work on with our bill. But i would like to, i think if staff is prepared, want to show you a video to give you a recent example. I use ai every morning as a part of my newsfeed. So i interact with, ai about everyone, have for about two years. Chatgpt first released the beta version of open ai, chatgpt. It was a week or so ago that i saw the estate of tupac questioning a recent production, lets study this more. We thought it wasas interesting for folks who are not following the issue as closely as as to show the video. We got staff ready to queue that up . In you seem a a little nervous about all the publicity [bleep] we need to know talk about it like it, heard it on the podcast. Its got to be true so that entire musical rendition is a product of ai. Interestingly, that image, one of those, that name, image, and likeness is something that is a property of tupac estate. The other one is an ai generated that was obviously done in violation to the extent was used for commercial purposes in violation of a copyright. So just give you an example, this is a hypothetical here this happen beginning the week or so ago, shortly after drake released that song. So weve got work to do. Legislation addressing the issues of digital replicas, you have a multibilliondollar implication. Weve got get under control. Now, are a lot of questions that have to be asked here my office in particular is guilty of putting draft out there knowing that they are drafts. Sometimes we even do itof sooner without the cooperation or involvement of other members because we put scary stuff out there to give you a ghost of christmas future. In this case we didnt do that. We tried to work on putting out the discussion draft the make sense. But weve got a lot of things went to workout. The questions that we need answered, is it wise to mandate that individuals have no right to license out of the digital likeness and less to retain counsel . Should we create an exception for harmless noncommercial users . Should the be a notice and takedown provision . I mean theres a lot, a litany, im not going to go through all of them. I hope you all can come up with other ones, but ill submit the rest of my written statement for the record, but we have to act. This is, hopefully, in this comments we can ask them which means we have to move very quickly, or at a minimum lay down the baseline thatit we can pick up when you we come baa new congress and get it right. So i look forward in advance to everybodys active collaboration. Will always give is a morning i given you one. The only thing that really makes me mad is when i see somebody trying to through guerrilla warfare undermined the goodfaith efforts of this committee and my colleagues. If youre at the table you can have an influence. It cannot at the table youre going to be on the table. So why dont everybody just recognize our office is open to constructive criticism, use cases of where the policy sense, but if youre in the category of it aint broke dont fix it, youre not up with modern times. I look forward to a good, effective hearing today. And thank you in advance for your productive collaboration as this legislation moves forward. Thank you, senator tillis. Thank you for another positive and engaging here. Its been au great experience serving on this committee with you. Today, we welcome six witnesses to testify about the no fakes act. To our first witness is robert cancel, ceo of Warner Music Group who has a lot of experience robert cancel chief Business Officer among a number of the business engagements. Next we have twigs, thank you for joining us today. A singer songwriter producer and actor who is used ai to help her create and also is that personal experience with unauthorized ai deepfakes. Its great to havee a voice present from the creative community. Next we have Duncan Crabtreeireland, National Executive director and chief negotiator for sagaftra, the Screen Actors GuildAmerican Federation of television and radio artists. A labor Union Representing 160,000 members who work in film, television, music and more. More. Also the voice of creative community. And we have ben sheffner, Senior Vice President associate general counsel for law and policy at the Motion Picture association. Where he specializes in copyright and First Amendment law. Thank you. We welcome Graham Davies present the Digital Media association an organization that represents principally audio streaming Companies Platforms like spotify in youtube. Mr. Davies has a history as a musician and songwriter advocate here finally will hear from lisa ramsey professor of law at the university of San Diego School of lover she teaches and writes on the intersection of freespeech rights and intellectual property law. After i swear in witnesses, each will have five minutes to provide a summary of your Opening Statement that the senators have you written statement. Then we will proceed to question, featured senator gets five minutes for the first round. We will likely have two or even three rounds of questioning. Time andat attendance permittin. Witnesses, would you please tend, raise your right hand to be sworn in. [witnesses were sworn in] thank you all. Let the record reflect the witnesses have been sworn. Mr. Kinzel, youe may proceed wh your Opening Statement. Help you god . Thank you all. Let the record reflect the witnesses have been sworn. Mr. Kinsle, you can proceed with your Opening Statement. Chairman kuhns, rank and member tillis, and members of the subcommittee. Im robert kinsle, chief executive officer of the Warner Music Group. Being here today is something i could not have imagined as a young boy growing up behind the iron curtain in communist czechoslovakia. I attended State University in new york, and there i met an amazing woman who eventually became my wife and now we have two amazing american daughters. Im a proud american citizen and i have deep appreciation for the freedoms at the heart of this great country, having grown up without them. For the past 25 years ive been a tech and media executive. I joined warner music last year after 12 years at youtube and eight years at netflix. Warner music is home to an incredible array of artists and songwriters who are moving culture across the globe. One of those artists twigs is here with my today. She is an extraordinarily gifted singer, songwriter, actor, and performer. I would also like to thank Duncan Crabtree ireland who negotiated between sagaftra and record labels regarding ai and defends artist rights. Music has so often been the canary in the coal mine for the broader trends in our society. More than any other form of communication or entertainment, music drives culture and innovation. And thats happening again with generative ai. Today, Music Companies are helping artists, rights holders, and Tech Companies figure out this new world, which is both exciting and daunting. Its our job to not only help amplify artist creativity, but to protect their rights, their livelihoods and their identities. Across the industry, legends from roberta flack, to the beatles, have embraced ai, as a tool to enhance their creativity. At the same time, generative ai is appropriating artist identities, and producing deepfakes of artists singing, saying, or doing things theyve never done before. You can hear my identity in my voice. Through ai, it is very easy for someone to impersonate me and cause all manner of havoc. They could speak to an artist in a way that destroys our relationship. They could say untrue things to the media that would damage our business. Unfeathered Deepfake Technology has the potential to impact everyone, even all of you. Your identities could be appropriate rated, and used to mislead your constituents. The truth is, everyone is vulnerable. Families defrauded by voice clones pretending to be relatives, people placed in pornography without their consent. Some people have spoken of ai as a threat to freedom of speech, but its precisely the opposite. Ai can put words in your mouth, and ai can make you say things you didnt say or dont believe. Thats not freedom of speech. We appreciate the efforts of this committee to address this problem. Including the nofakes act discussion draft authored by chairman kuhns, Ranking Member tillis, senator blackburn and senator klobuchar. Your leadership kick started efforts in this area, and we strongly support the bipartisan, no ai fraud act introduced in the house earlier this year by representatives salazar and dean, and the recently enacted elvis act in tennessee. As the members as the Committee Moves toward the introduction of a senate bill, there are three elements the bill should contain to be effective. One, an enforceability property right for likeness and voice. Each person should be allowed to license or deny that right on the free market terms and seek redress for unauthorrized uses. Two, respect for an important First Amendment principles, without going any further and providing loopholes that create more victims. And three, affective deterrents. To incentivize a vibrant and responsible commercial marketplace, we need to maintain consequences for ai model builders that knowingly violate persons property rights. I applaud addressing these challenges issues with urgency. Congress should pass legislation this year, before the genie is out of the bottle, while we still have a chance to get this right. I look forward to answering your questions. Thank you. Thank you mr. Kinsle. Tw