A Federal Right of Publicity to Navigate the Wild West of Generative AI Content

Authors

Sara Asher

First Page

105

Document Type

Comment

Abstract

This Comment analyzes how generative Al content must be limited by the right of publicity and how such a right should be federally protected." Part II, Section A, discusses the history of federal copyright law in relation to state publicity laws. Part II, Section B, discusses the current circuit split regarding copyright preemption and advocates against preemption to allow for a federal right of publicity. Part UI, Section A, discusses the advantages of using generative Al as a tool. Part m, Section B, discusses the current legal implications of generative Al content. Part m, Section C, discusses First Amendment considerations in relation to generative Al content. Part IV offers the right to publicity as a solution to federally regulating generative Al through a balancing test with First Amendment considerations, such as fair use, parody, and commercial use. Lastly, Part V concludes with a brief overview of the proposed solution and how it will protect artists' publicity rights in this new era of generative Al content.

Recommended Citation

Sara Asher, A Federal Right of Publicity to Navigate the Wild West of Generative AI Content, 36 St. Thomas L. Rev. 105 (2024).
Available at: https://scholarship.stu.edu/stlr/vol36/iss2/3