News & Analysis

Senate Holds Hearing on Ways to Improve Draft Digital Replica Bill

May 1, 2024 6:51 pm
senate hearing no ai fakes right of publicity digital replica federal legislation
Yesterday, April 30, 2024, the U.S. Senate Judiciary Committee’s Subcommittee on Intellectual Property’s held a hearing on “The NO FAKES Act: Protecting Americans from Unauthorized Digital Replicas.” This was a follow-up to a prior Senate subcommittee hearing on AI which nominally focused on copyright law, but largely raised...

California Considers a Digital Replica Law for the Dead

March 22, 2024 1:22 pm
california state house right of publicity digital replica for dead postmortem bill ai artificial intelligence
Joining the frenzy of states trying to address concerns over artificial intelligence (AI) and particularly concerns expressed by the recording industry, Assembly Member Rebecca Bauer-Kahan introduced a right of publicity bill in the California legislature, AB 1836, that would add a digital replica provision to California's postmortem right...

Tennessee Governor Signs ELVIS Act, Greatly Expanding State’s Publicity Statute

March 22, 2024 12:46 pm
Bill Lee governor of tennessee signs right of publicity elvis act voice artificial intelligence
Yesterday, Governor Bill Lee signed into law the ELVIS Act which replaces the prior right of publicity statute in Tennessee.  It goes into effect on July 1st. I analyzed the new law in detail earlier this week. The law uncontroversially adds voice to the enumerated protections but also...

Tennessee Legislature Sends Right of Publicity Bill to Governor’s Desk

March 18, 2024 5:51 pm
elvis singing elvis act right of publicity tennessee artificial intelligence ai legislation voice likeness
Tennessee’s right of publicity law has long been driven by the ghost of Elvis, and is now likely to replace its current statute with the almost inevitable passage of the appropriately titled ELVIS Act (the Ensuring Likeness, Voice, and Image Security Act of 2024) (HB 2091/SB 2096). Last...

House Subcommittee Sends Follow-Up Questions After AI Hearing

March 12, 2024 9:16 pm
house chamber ai hearing and questions about voice likeness right of publicity privacy legislation
After the February 2nd House hearing about AI and how best to address unauthorized use of a person's voice and likeness at the federal level, two members of the House Subcommittee on Courts, Intellectual Property, and the Internet sent me (Prof. Rothman) additional written questions to answer for...

House Hearing on AI Takes Seriously the Dangers of Transferring Rights to a Person’s Voice and Likeness

February 6, 2024 12:29 am
grammys sign right of publicity No AI FRAUD act voice and likeness recording industry
Last Friday, February 2nd, the House Subcommittee on Courts, Intellectual Property, and the Internet considered what, if anything, to do about AI and the unauthorized use of a person's voice and likeness.  The hearing was held in Los Angeles to coincide with Grammys weekend. The hearing focused in...

House’s Draft AI Bill Risks Loss of Control over Our Own Voices and Likenesses

January 23, 2024 6:44 pm
house right of publicity name image likeness rights digital replica
***UPDATED TO REFLECT INTRODUCTION TO CONGRESS On January 9, 2024, Representative Maria Salazar circulated a draft of a bill to address voice and likeness rights in the context of AI. The bill is titled “No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act of 2024,” shorthanded as the...

House Releases Draft Legislation Targeting AI

January 11, 2024 4:15 pm
House circulates draft right of publicity privacy name likeness voice law
Earlier this week, Representative Maria Salazar circulated a discussion draft of a bill to provide federal "property rights in likeness and voice" to combat concerns over AI-generated replicas of recording artists' and actors' performances. This continues the recent interest in Congress of tackling publicity rights at a federal...

Supreme Court Likely to Uphold Bar on Registering “Trump Too Small”

November 2, 2023 6:05 pm
elster trademark registration 1052(c) bar trump too small shirts
Oral arguments were heard today by the Supreme Court in Vidal v. Elster. This trademark case revolves around the constitutionality of the 15 U.S.C. § 1052(c) bar to registering a mark that "consists of or comprises a name, portrait, or signature identifying a particular living individual except by...

Comments Submitted to Copyright Office on the Right of Publicity and AI

October 27, 2023 3:04 pm
united states u.s. copyright office seal
In response to the Copyright Office's Notice of Inquiry and Request for Comments on Artificial Intelligence and Copyright, I submitted comments, particularly focused on the Office's questions pertaining to the right of publicity and the use of a person's likeness or performance in the context of generative AI. ...