BarbriSFCourseDetails
  • videocam On-Demand
  • signal_cellular_alt Intermediate
  • card_travel Trademark and Copyright
  • schedule 90 minutes

Right of Publicity and Generative AI: Protecting Publicity Rights, Leveraging AI Without Infringement

$347.00

This course is $0 with these passes:

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Description

Generative AI has made it easier to create not only compelling deepfake images, videos, and audio that look and sound like well-known people, voices, and music, but also artwork and text "in the style" of famous artists. These AI creations can significantly harm one's right of publicity and ability to sell their own artwork. However, there is no federal cause of action for the right of publicity. As a result, plaintiffs must navigate state right of publicity laws, which have different frameworks. To further complicate matters, the images, videos, and audio are posted on online platforms that cross multiple jurisdictions.

Practitioners representing entities that make and use generative AI need to understand the right of publicity to minimize the risk of infringement and appropriately address them when they arise. Further, companies and counsel must understand the nuances of the various laws, what can and is protected, and the options available when one's image and likeness has been misappropriated.

Listen as our authoritative panel examines the implications of AI on the right of publicity. The panel will address protection at the state level and the lack of federal protection. The panel will also discuss the court treatment and how to mitigate the risk to publicity rights. The panel will offer practice tips for protecting the right of publicity and for leveraging AI without infringing on others' rights.

Presented By

Nerissa C. McGinn
Partner
Loeb & Loeb LLP

Ms. McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy, and intellectual property law. She works with many of the best-known brands in the country, including H&R Block and the Wm. Wrigley Jr. Co. and its confection brands. Embracing a business-minded approach, she helps clients develop new brand assets and assists them in promoting and advertising their brands and products. Clients--including Turner Broadcasting and its programming properties, for which she handles trademark clearances for new shows, web properties, interstitials and sweepstakes--regularly turn to Ms. McGinn for trademark counseling services. In the advertising and promotions facet of her practice, she works with clients on sweepstakes review, copy review, and promotion design and fulfillment, with an emphasis on internet and interactive advertising and promotions. Ms. McGinn also provides legal services for digital companies and app developers, handling a variety of IP matters and privacy policies and practices relating to websites and mobile applications. As a thought leader in her industry, she frequently speaks at events and conferences. Ms. McGinn also serves as the firm’s first chief diversity partner and co-chair of the Diversity Committee.  

Lisa Wiznitzer
Attorney
Loeb & Loeb LLP

Ms. Wiznitzer maintains a transactional practice focused on advertising, media, entertainment, sports and technology. She is experienced in drafting and negotiating a wide range of commercial, corporate, entertainment, sports and financial service agreements and transactions. Specifically, Ms. Wiznitzer advises clients on matters associated with intellectual property, licensing, brand protection and sponsorship, as well as in connection with joint ventures, M&As, broad corporate transactions, new ventures and general corporate matters. Notably, she has worked with professional sports teams and leagues on a variety of corporate and commercial transactions.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Wednesday, April 24, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Implications of AI on the right of publicity
  2. Protection for publicity rights
  3. Court treatment
  4. Mitigating the risk to publicity rights
  5. Protecting the right of publicity
  6. Leveraging AI without infringing on others' rights

The panel will review these and other key issues:

  • What steps can be taken to protect the image and likeness from misappropriation by AI?
  • How are the courts addressing the issue of image and likeness misappropriation and violations of the right of publicity?
  • What best practices can counsel employ to leverage the use of AI tools without infringing on the rights of others?