Image credit: Entertainment Software Association
The Entertainment Software Association (ESA) has expressed concerns that a new bill on deepfakes might negatively impact the gaming sector by not clearly distinguishing between AI-produced content and digital replicas.
Stanley Pierre-Louis, the president and CEO of ESA, has formally requested that the US Senate Judiciary Committee consider revisions to the No Fakes Act, which is slated for markup on June 11, to address these issues.
In a letter to Senators Chuck Grassley and Dick Durbin, Pierre-Louis remarked that the current draft of the No Fakes Act introduces uncertainty that threatens both existing and future video game development in the United States.
The proposed legislation defines a digital replica as a “newly created, computer-generated, highly realistic electronic representation” that can be easily identified as someone’s voice or visual likeness, even when the individual did not actually perform in the work.
Pierre-Louis believes this definition might lead to frivolous legal claims from individuals who happen to resemble video game characters, including numerous background characters in games.
Though the industry is likely to win such cases if they go to court, handling such legal battles would be financially burdensome.
Moreover, he pointed out that the bill holds potential liability for certain tools and services used in creating digital replicas.
He stated concerns that the current bill does not effectively differentiate between tools intended for harmful purposes and legitimate, multi-functional tools that could be misused by third parties.
Pierre-Louis urged lawmakers to make amendments, emphasizing that, unlike other products, video games are entirely digital. He addressed the Senate to convey the industry’s worries about the current form of the bill, noting that despite a lack of substantial opposition, there are significant concerns.