The proliferation of artificial intelligence has made the creation of digital replicas of a person’s voice, image, or likeness increasingly simple. An era engendered by the intriguing, yet concern-raising phenomenon of ‘deepfakes’ has cast a magnifying glass on the nation’s ‘right-of-publicity’ laws.
These developments arise amidst ongoing discourse concerning when Congress may initiate action towards legislation of a national framework for such rights. It gives a fresh perspective on the intricacies surrounding AI’s intersection with legality, and importantly, our fundamental personal rights.
A more detailed analysis of the matter has been presented by Ivan Moreno from Law360, examining the implications of AI on publicity rights here.
As the frequency and sophistication of deepfakes continue to increase, our pre-existing laws, many of which were erected in a pre-digital age, come under scrutiny. The dialogue surrounding these issues only intensifies as we collectively anticipate congressional action, only questioning when, not if, a national framework will be drafted to safeguard individuals’ publicity rights from the advances of AI.