Artificial intelligence (AI) presents both opportunities and challenges in today’s digital age. One such challenge is the creation of AI-generated deepfakes—video, audio, or photographic content that emulates certain or all characteristics of an individual’s identity—a matter which has been a focus of public, political, and entertainment industry scrutiny alike. While copyright laws show up as a frequently discussed context in generative AI training and outputs, there are concerns over whether the existing right of publicity laws at a state level are sufficient for protecting against misuse or unauthorized utilization of deepfakes.
A recent development on this subject matter is the proposal of a federal right of publicity, as encapsulated in the No Organization for Fraudulent Acts and Scams (NO FAKES) Act, which has recently been introduced to Congress.
Currently, the right of publicity, which is essentially about protecting an individual’s image, likeness, name, or other uniquely personal characteristics from unauthorized commercial use, is governed by state law. These laws, however, vary greatly from one state to another creating inconsistent protection nationwide. The proposed NO FAKES Act seeks to address the limitations of the current state level laws by extrapolating these rights to a federal level.
Importantly this move would, for the first time, provide a comprehensive, nationwide framework for regulation and enforcement of the right of publicity. It could potentially serve as a significant countermeasure to the misuse of AI-generated deepfakes.
For a detailed study, you may refer to this
article
on JD Supra.