AI-Focused COPIED Act: New Legislation to Outlaw the Removal of Digital Watermarks

A bipartisan group of senators has introduced the Content Origin Protection and Integrity from Edited and Deepfaked Media Act (COPIED Act) to enhance the authentication and detection of artificial intelligence-generated content. This legislation aims to protect journalists and artists from having their work exploited by AI models without consent.

The COPIED Act mandates the National Institute of Standards and Technology (NIST) to develop standards and guidelines for proving content origin and detecting synthetic media, potentially through watermarking. It also requires that AI tools used for creative or journalistic purposes include information about the content's origin, which must remain intact and cannot be removed. Additionally, the bill prohibits the use of such content for training AI models.

Content owners, including broadcasters, artists, and newspapers, will have the right to sue companies that misuse their materials or manipulate authentication markers. State attorneys general and the Federal Trade Commission can enforce the provisions, which prevent anyone from "removing, disabling, or tampering with content provenance information," except for specific security research.

This legislation is part of a broader effort in the Senate to understand and regulate AI technology, spearheaded by Senate Majority Leader Chuck Schumer (D-NY). The COPIED Act has strong backing, notably from Senate Commerce Committee Chair Maria Cantwell (D-WA) and other committee members, including Martin Heinrich (D-NM) and Marsha Blackburn (R-TN).

Various publishing and artists’ organizations, such as SAG-AFTRA and the Recording Industry Association of America, have expressed their support for the bill. SAG-AFTRA's national executive director, Duncan Crabtree-Ireland, emphasized the necessity for a transparent and accountable framework for generative AI, highlighting the threats posed to performers' economic and reputational stability.

In summary, the COPIED Act represents a crucial step towards ensuring the integrity and ownership of creative content in the age of AI.