Celebrity Imitation by AI: A Legal Tightrope in Publicity Rights

Just because artificial intelligence now allows you to create an image, voice or video using a famous person’s likeness, image or voice, that doesn’t mean you should do so.

The purpose of today’s short podcast episode is to let my community know the following:

Using a famous person’s nickname, pseudonym, voice, signature, likeness, video, or photo without their permission, to sell your products and services, can constitute a violation of their right of publicity, also known as personality rights.

I see this happening all the time on social media, especially on Instagram and TikTok. How about you?

The right of publicity protects an individual’s image, name, likeness, and voice from unauthorized commercial use.

In fact, actor Scarlett Johansson has recently taken legal action against an AI app that used her name and likeness in an online advertisement without permission.

It is important to note that the right of publicity is governed by different laws in the United States, and the specifics of these laws can vary between states. For example, in California, the right of publicity is primarily governed by the Civil Code Section 3344, which addresses the unauthorized use of a person’s name, voice, signature, photograph, or likeness in advertising or for soliciting sales or endorsements without their prior consent.

In countries beyond the United States, rights similar to the right of publicity are often referred to as “personality rights,” “rights of persona,” or other comparable terms. The origin and extent of these rights can differ significantly.

In addition to the right of publicity, unauthorized use of a famous person’s image or voice could also potentially infringe on their trademark rights if their name, image, or likeness has been registered as a trademark.

My Web3, AI and Metaverse Legal and Business Projects

Podcast Episode page: https://mitchjackson.com/podcast

Listen on Apple Podcasts https://podcasts.apple.com/us/podcast/the-web3-ai-and-metaverse-legal-and-business-podcast/id1257596607

Listen on Spotify https://open.spotify.com/show/659nwsDjBm9zX8t56rSja6?si=oaoRw_BiTbKw3rZCWW7dlQ

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