News & Analysis

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. ...

Draft Digital Replica Bill Risks Living Performers’ Rights over AI-Generated Replacements

October 20, 2023 2:58 pm
tom hanks right of publicity ai generated fake digital replica dental plan
The NO FAKES ACT released as a discussion draft last week proposes establishing a new federal digital replica right that would extend 70 years after a person’s death. The one-pager accompanying the draft highlights that the legislation is driven by concerns that “unauthorized recreations from generative artificial intelligence...

Senate Circulates Draft of Digital Replica Bill

October 12, 2023 4:05 pm
A draft of a digital replica bill to address concerns over AI-generated performances and sound recordings has just been made public, along with a related one-pager. This follows in the wake of the Senate's July hearing on copyright and AI.  I previously submitted comments to the Senate after...

Submission to Congress in Wake of AI Concerns

October 2, 2023 3:02 pm
house right of publicity name image likeness rights digital replica
In July at a Senate hearing about Artificial Intelligence and Intellectual Property, several Senators and witnesses floated the possibility of adopting a new federal right of publicity or a more limited "digital impersonation" or digital replica law.  In light of these calls and the seriousness with which they...

Federal Right of Publicity Takes Center Stage in Senate Hearing on AI

July 27, 2023 11:40 pm
Ghostwriter 977 drake weekend heart on sleeve ai generated song right of publicity issues
On July 12th, the Senate Judiciary Committee’s Subcommittee on Intellectual Property held its second hearing about artificial intelligence (AI) and intellectual property, this one was to focus expressly on “copyright” law. Although copyright was mentioned many times during the almost two-hour session and written testimony considered whether the...

Supreme Court Sides with Jack Daniel’s in Trademark Case

June 8, 2023 7:36 pm
Bad Spaniel Jack Daniels bottle trademark false endorsement publicity case
Today's Supreme Court decision in Jack Daniel’s Properties, Inc. v. VIP Products, 599 U.S. __ (2023), will influence not only trademark cases to come, but also false endorsement and right of publicity cases. As you may already know, the case involved a dog toy that mocked the name...