The recent advent of artificial intelligence (AI) tools capable of generating convincing, hyperreal replicas of individuals, known colloquially as ‘deepfakes’, has led to a new complexity in the legislation around rights of publicity.
Currently, in the United States, the laws governing rights of publicity—also known as “name, image and likeness” laws—are maintained largely at the state level. This results in a significantly varied scope and level of protection from one state to the next. However, the rise of deepfakes and the subsequent potential misuse of personal likeness brings into question whether a more comprehensive, nationwide, and standardized action could be necessary.
A recently proposed Right of Publicity Bill seeks to federally regulate AI-generated fakes. It comes at a critical time when distributing disinformation—further enabled by deepfakes—poses significant risks politically, economically, and socially.
If enacted, the new legislation would standardize laws governing the right of publicity across the country, providing a consistent level of protection across all states. It is a crucial pathway to address the rise of AI-generated fakes on a broader scale, acknowledging the global access and reach these AI tools possess, far beyond state jurisdiction.
A move towards federal regulation of deepfake technology and “name, image, and likeness” misuse marks a critical moment in the evolution of legislation matching pace with technological advancements. It’s a building response to the growing intersection between personal rights, AI capabilities, and the licensing and protection of one’s digital likeness on a nationwide scale.
Legal professionals involved in issues of intellectual property, AI, public figures, and digital rights should monitor the progress of this bill with interest. It may well shape the future landscape of rights of publicity legislations and their adaptability to technological advancements.