State and National Policy Trends on Artificial Intelligence

State and National Policy Trends on Artificial Intelligence (AI)

By Zachary Keita, NAfME Advocacy and Public Policy Communications Manager

Since generative Artificial Intelligence (AI) models made their way into the education space in 2023, we have seen several states move to provide guidance for educators and administrators on how to integrate AI into the classroom. As the use of AI becomes more prevalent in schools, it will become increasingly necessary for state and federal education agencies to offer educators guidance on how to use AI safely, and how to curb its misuse. So far, the following state Departments of Education have offered guidance on AI in the classroom.

• State Departments of Education Guidance
  • Oregon
  • West Virginia
  • Washington
  • North Carolina
  • California

Tennessee

In general, states have yet to take comprehensive action legislating the use of AI in the music/arts creator space. For the most part, we have seen longstanding copyright laws expand their typical scope of influence to include AI-generated works. The expansion of current copyright laws to include AI-generated works was a necessary step to curb illicit use in the early days of this new technology. As AI continues to advance and make its way into the music/arts creator space, it will become increasingly necessary for interested parties to develop specific legislation pertaining to AI-generated works and the nuances involved in their production.

It is no surprise that the birthplace of country music, Tennessee, is one of the first states taking action to provide specific legal protections for artists from AI copyright infringement. In January, Tennessee’s Governor Bill Lee announced the “Ensuring Likeness Voice and Image Security (ELVIS)” Act. The ELVIS Act would update Tennessee’s Protection of Personal Rights law to provide legal protection to music industry professionals from the misuse of AI.

National Level

At the federal level, there continues to be a flurry of activity regarding AI. Legislators have introduced several bills in recent months to curb the use of AI and offer protection from misuse in several areas of life. Members of Congress have introduced bills to protect children from AI on social media, protect consumers from scams using AI-generated deepfakes, protect voters from deceptive AI-generated election content, and protect workers from AI-influenced hiring decisions.

The latest federal bill providing protections from the misuse of AI is the first of its kind, focusing on the creative industry. The “No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act (No AI Fraud) of 2024,” or H.R.6943, seeks to protect the likeness and voice of individuals from unauthorized simulation using AI or deepfake technology. States (such as Tennessee) are free to provide further protections to their citizens from misuse of AI; this legislation simply provides a baseline of protections and remedies for redress when violations occur. Specifically, the No AI Fraud Act would:

• Reaffirm the intellectual property rights an individual has for their own likeness and voice
• Provide remedies of redress for unauthorized simulation of voice or likeness
  • In the case of an unauthorized distribution, transmission, or other making of a personalized cloning service
    • $50,000 per violation or actual damages suffered by the injured party, plus any profits generated from unauthorized use
  • In the case of an unauthorized publication, performance, distribution, transmission, or other making available of a digital voice replica or depiction
    • $5,000 per violation or the actual damages suffered by the injured party, plus any profits from the unauthorized use

To stay on the cutting edge of AI policy, NAfME has compiled a list of resources on AI ranging from the White House’s AI policy page (ai.gov), to the Department of Education’s Future of Learning Report, to edWeb webinars focused on supporting educators. In addition to staying informed on AI policy at the national level, we are very interested in learning more about how you use AI! In what ways are you using AI, or thinking about using it? What questions do you have about AI and music education? Share your input here.

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