Tag: Digital Replicas

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

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 (AI)” will substitute for performances by the...
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Senate Circulates Draft of Digital Replica Bill

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 the hearing in anticipation of such legislation. ...
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Submission to Congress in Wake of AI Concerns

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 are being taken, I prepared a two-pager...
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New York Governor Signs New Postmortem Right of Publicity Bill

On November 30th, 2020, the Governor of New York signed into law a new postmortem provision which for the first time will add a postmortem right to the state's law, lasting 40 years after death. This new law also addresses the unlawful dissemination and publication of  "sexually explicit depictions," and adds a digital replica right...
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New York Reintroduces Much Improved Postmortem Right of Publicity Bill

During its usual off-season, the New York legislature is revisiting its multi-year efforts to add new sections to its civil rights law and in particular to add a postmortem provision to state law. This latest version would add two sections to NY's Civil Rights Law,  what it dubs a new “right of publicity” and a...
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