Glenn O. Brown’s Post

In a new client alert, Monique (Nikki) Bhargava and Vanessa Perumal explain the implications of Tennessee’s recently enacted Ensuring Likeness, Voice and Image Security (ELVIS) Act. It is the first state to pass a law aimed at protecting artists from generative AI services that enable impersonation, such as deepfakes. Given the increased popularity of GenAI in content creation, more states and federal regulations are expected to follow Tennessee’s lead. Read more below #ELVISAct #Technology #AI  #ArtificialIntelligence  #Business #Tennessee https://lnkd.in/d-vze2yE

In our latest article, "Top Legislative IP Developments of 2024 and Prospects for Future", Author Stacey Chuvaieva writes: The end of 2023 and the first half of 2024 were remarkably eventful in terms of AI-related initiatives addressing the impact of AI on intellectual property and publicity rights. The general legislative goal seems to be twofold: to afford rights holders and consumers more rights, such as new publicity rights regarding digital replicas for celebrities, and to provide transparency regarding AI training data and AI impact.

The COPIED Act – yet another significant legislative move against the threat of generative AI. Proposed by US Senators this week, the act aims to “protect journalists, actors and artists against AI-driven theft”, by outlining new frameworks for the marking, authentication & detection of AI-generated content. In the wake of the current Suno/Udio lawsuit, and with fairly unanimous industry support from the RIAA and other key stakeholders, the proposed bill is more tangible evidence that infringements caused by AI will not be tolerated. You can read more about the bill here: https://lnkd.in/eK8C2SuE #MusicIndustry #GenerativeAI #Deepfakes #CopyrightLaw

Imagine hearing your voice being used without your consent in a commercial—or worse, manipulated in a deepfake to create something compromising. 🗣️ How would you feel? -Sad 😔 -Angry 😡 -Concerned 😟 -All of the above ✅ As a proud member of The Recording Academy, I’m deeply involved in our ongoing advocacy on Capitol Hill to ensure that artists and creators are protected from AI exploitation. The bipartisan NO FAKES Act is a major milestone in this fight. This legislation isn't just about preventing unauthorized use—it's about giving every individual, especially those in the creative arts, the power to control their digital identity. If passed, the NO FAKES Act will protect our voices and likenesses, ensuring that we, and only we, decide how they are used. If you are an actor, musician or digital creator, call your senators and ask them to support the NO FAKES Act. Your support and advocacy are crucial in safeguarding the integrity of our creative work. Your voice matters in this fight. #advocacy #AI #Deepfake #artificialintelligence #voicerights #OpenAI

The recent Hollywood strikes have brought to light significant challenges at the intersection of artificial intelligence, intellectual property rights, and personal agency. The use of AI in films to de-age actors or recreate past performances is becoming increasingly common, leading to concerns about control over an individual’s digital likeness. The strikes have uncovered the cracks in existing agreements and prompted a reevaluation of legal paradigms that have far-reaching implications, including the alarming rise of so-called deepfakes. In this article by Attorney Benjamin Chauncey Stasa, he will explore the balance of innovation, privacy, and intellectual property in the digital age. Read more: https://lnkd.in/gGdjS8V2 #ai #intellectualproperty #wgastrike #sagaftrastrike #artificialintelligence

My new essay on #AI looks at whether the use of self-deepfakes by celebrities and politicians are a way of reclaiming power against a technology that has gone rogue. I talk about politicians rising from the dead in India, ex-PM Imran Khan giving speeches from prison, FKA Twigs's multi-lingual self-#deepfake for fans and Kim Kardashian's gifted digital clone. By using at consent, authenticity, right to commercial use and transparency, I try to unpack this complex question. What do you think? Here to learn! https://lnkd.in/e6JWWMQF

👣 Deep Dive 👣 OpenAI's much-awaited response to The New York Times' #copyright suit came last week, in the form of what some observers are considering a lukewarm motion to dismiss, full of red herrings and hot air. But there are glimmers of interesting arguments within the motion papers as well. As content creators and journalists' tug-of-war with AI developers over #datascraping reaches a fever pitch---the motion offers insights about how tech providers are approaching the #fairuse fight to continue training their algorithms. And how news bellwethers like the NYT hope to swing back. 🗞 In this story, we explore 🗞 : 📌 What the heck does OpenAI mean when it says the NYT "hacked" its chatbot? And umm... 👀 is that even a thing? 📌 The controversial 'Hot News' Misappropriation doctrine ⁉, and how both sides are wielding it to their benefit. 📌 OpenAI's assertion that NYT is past its statute of limitations ⌛to bring forth a copyright claim... AKA the time-barred argument. 📌 OpenAI's attempt at using the motion papers to plant its AI education flag in courts, laying the groundwork for a long fair use fight 👊 🔥 AND, NYT counsel telling us that if OpenAI really knows all of the news publisher's apparent prompting strategies---has it been surveilling user activity all along? "We look forward to exploring that issue in discovery," they said. 🔥 For Legaltech News 🤖

Hollywood's AI Battle: Protecting Creators Scarlett Johansson's recent legal tussle with OpenAI over a soundalike voice is putting a spotlight on a big issue: how do we make sure creators get the credit (and cash) they deserve in the AI era? Meta, Alphabet, and OpenAI are chatting with studios about licensing their content for AI video tools. Warner Bros. Discovery might be game, but Disney and Netflix are saying, "No thanks." On the music side, Universal Music isn't messing around—they've sued AI startups and yanked their music off TikTok to protect their artists. While AI could totally shake up the entertainment world, it comes with risks. If we don’t set up the right rules and protections, we could see valuable IP get watered down and creative talents exploited. How do you think we can balance innovation with protection? #AI #Hollywood #CreatorsRights #EntertainmentIndustry #TechEthics #ArtificialIntelligence #linkedinnews #technews #hollywood

Laws prohibiting the use of a person's likeness for commercial gain have been in effect for some time, testing everything from the value of an influencer's endorsement to "freemium" reports by people search companies. Right of Publicity (ROP) claims, like the state statutes and common law upon which they rely, are varied in substance and outcome. But in general, they are brought to remedy some alleged misuse of a person's actual likeliness—their image in a photograph or voice in a recording. But what happens if the alleged likeness is entirely AI-generated? To the extent AI-generated deepfakes and voice imagery did not already fit within the existing right of publicity laws, states are amending those laws or enacting new ones specifically to address AI-derived content. This legislation follows advocacy by musicians and entertainers, including an open letter issued by the Artists Rights Alliance on behalf of 200+ songwriters and musicians, calling out the commercial use of AI vocals and imagery, including in training data for AI models, "predatory" and one that "must be stopped." https://lnkd.in/gX_7rBGZ

My latest blog post is about how concerns over generative AI has prompted a group of Senators to propose and draft the NO FAKES Act - legislation that, if passed, would pave the way for a new federal right of action. Many of us have seen fictional digital replicas of our favorite stars and celebrities, but advancements can pose a threat to well-known performers, as well as ordinary people, who have little control over their digital presence. Please give it a read! https://lnkd.in/e9adu8fd