White House Proposes New National Framework for AI

On March 21, the White House unveiled its Legislative Recommendations for a National Policy Framework for AI, a guide to advancing the administration's push for a uniform approach to AI policy. The framework builds on a series of earlier actions, including a Day One Executive Order (EO) calling for the removal of policies seen as barriers to early AI innovation, a July 2025 AI Action Plan warning against "onerous regulation" at both the state and federal levels, and a December EO expressing concern about a growing patchwork of state laws.

In its latest legislative roadmap, the administration addresses one of the most contentious issues in AI: the use of copyrighted material to train models. While the framework reiterates the White House's position that this practice should be considered fair use, it also acknowledges competing perspectives and ultimately advocates for leaving the issue to be decided by the courts. Additionally, the framework discourages Congress from taking actions that would impact the judiciary's decision on whether training on copyrighted material violates copyright law.

This approach is a concession to creators because it preserves a pathway for creators to challenge unauthorized uses of their work and shape legal precedent as AI policy evolves. At the same time, the framework's acknowledgment of competing perspectives reinforces that the issue is not settled, affirming creators' concerns are part of the policy conversation. It also urges Congress to explore licensing mechanisms that would allow copyright holders to negotiate compensation from AI developers, creating new opportunities for creators to benefit financially from the use of their work in AI training.

The framework also directs lawmakers to develop federal protections against the unauthorized distribution of AI-generated replicas of an individual's voice or likeness, consistent with the Academy-backed NO FAKES Act. Specifically, it urges Congress to establish safeguards for individuals from the unauthorized distribution of these digital replicas, while preserving clear exceptions for parody, satire, news reporting, and other forms of expression protected by the First Amendment.

While the framework reiterates the need for a federal, preemptive standard governing AI development, use, and liability, it also makes clear that such a standard should not override traditional state police powers. This specification potentially preserves the viability of state versions of the NO FAKES Act in states like Tennessee, Illinois, and California. Maintaining state authority strikes the balance between fostering innovation and responsibly regulating emerging AI technologies.

A few days before the release of the AI framework, Senator Marsha Blackburn (R-TN) debuted a draft of the Republic Unifying Meritocratic Performance Advancing Machine intelligence by Eliminating Regulatory Interstate Chaos Across American Industry (TRUMP AMERICA AI Act), meant to codify elements of the administration's December EO by prohibiting state regulation of AI outside of a uniform national standard. Blackburn's proposal also specifically incorporates the NO FAKES Act and the TRAIN Act, which would enable copyright holders to obtain subpoenas requiring disclosure of copyrighted works used in training. However, Blackburn's proposal clarifies that an AI model's unauthorized reproduction, copying, or processing of copyrighted works for the purpose of training AI does not constitute fair use under the Copyright Act, clashing with the administration's court-driven approach.

The White House framework and Senator Blackburn's proposal demonstrate the complex, evolving landscape of AI policy and underscore the critical role of creators' voices in plotting its course. This April, the Recording Academy will celebrate the 25th anniversary of GRAMMYS on the Hill, bringing GRAMMY nominees and winners to Capitol Hill to engage policymakers on issues impacting music creators, including AI training. You can take action by contacting your representatives and urging them to support the NO FAKES Act.