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Right of Publicity and Generative AI: Protecting Publicity Rights, Leveraging AI Without Infringement

A live 90-minute premium CLE video webinar with interactive Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Wednesday, April 24, 2024 (in 2 days)

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

or call 1-800-926-7926

The CLE webinar will provide guidance to IP counsel on the implications of AI on the right of publicity. The panel will discuss protection at the state level and the lack of federal protection. The panel will also examine the court treatment and how to mitigate the risk to publicity rights. The panel will offer practice tips for protecting the right of publicity and for leveraging AI without infringing on others' rights.

Description

Generative AI has made it easier to create not only compelling deepfake images, videos, and audio that look and sound like well-known people, voices, and music, but also artwork and text "in the style" of famous artists. These AI creations can significantly harm one's right of publicity and ability to sell their own artwork. However, there is no federal cause of action for the right of publicity. As a result, plaintiffs must navigate state right of publicity laws, which have different frameworks. To further complicate matters, the images, videos, and audio are posted on online platforms that cross multiple jurisdictions.

Practitioners representing entities that make and use generative AI need to understand the right of publicity to minimize the risk of infringement and appropriately address them when they arise. Further, companies and counsel must understand the nuances of the various laws, what can and is protected, and the options available when one's image and likeness has been misappropriated.

Listen as our authoritative panel examines the implications of AI on the right of publicity. The panel will address protection at the state level and the lack of federal protection. The panel will also discuss the court treatment and how to mitigate the risk to publicity rights. The panel will offer practice tips for protecting the right of publicity and for leveraging AI without infringing on others' rights.

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Outline

  1. Implications of AI on the right of publicity
  2. Protection for publicity rights
  3. Court treatment
  4. Mitigating the risk to publicity rights
  5. Protecting the right of publicity
  6. Leveraging AI without infringing on others' rights

Benefits

The panel will review these and other key issues:

  • What steps can be taken to protect the image and likeness from misappropriation by AI?
  • How are the courts addressing the issue of image and likeness misappropriation and violations of the right of publicity?
  • What best practices can counsel employ to leverage the use of AI tools without infringing on the rights of others?

Faculty

McGinn, Nerissa
Nerissa C. McGinn

Partner
Loeb & Loeb

Ms. McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media,...  |  Read More

Wiznitzer, Lisa
Lisa Wiznitzer

Attorney
Loeb & Loeb

Ms. Wiznitzer maintains a transactional practice focused on advertising, media, entertainment, sports and technology....  |  Read More

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You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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