IS IT REAL?? Gen-AI and Right of Publicity

Kelly Harris

Harris + Co. - Canada

Dorian Thomas

Frankfurt Kurnit Klein & Selz, P.C. - United States

Cristina Umaña

Umaña & Asociados - Guatemala

IS IT REAL?? Gen-AI and Right of Publicity

Generative AI has raised questions and challenges regarding the right to control use of one’s own identity, particularly in the context of commercial advertising. We are referring to “Right of Publicty”. “Sound-alikes” (an “old” practice with “new tools), “impersonation” … Gen-AI has and is taking them to a new level, a more impacting and comprehensive way to mimic the image and likeness of a given person. From the Bette Midler case back in the ´80s, to the Drake and The Weekend “Heart on My Sleeve” song, to scam featuring “Taylor Swift” in a giveaway under a certain trademark and further, to the impersonation or world leaders delivering a speech and deepfakes… there is, certainly, a broader scope and reach which calls for the revision of the impact of Gen AI before “right of publicity”. What are certains countries or states discussing of regulating; what do courts around the globe have sentenced regarding this new challenge (e.g. the No Artificial Intelligence Fake Replicas and Unauthorized Duplications Act of 2024 -“No AI FRAUD Act”-)? How does all of this is being approached before the “freedom of expression” and other principles. Our experienced panelists will lead a tour through the Gen-AI-Right of Publicity current landscape and will provide us with practical advise and update information regarding decisions and main discussions on this topic.

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