Haynes Boone Partner Joe Lawlor joined ABC7 Bay Area to discuss the California state senate passing a bill that many are calling a win, requiring consent before using AI to recreate a dead performer's likeness.
"AB 1836 is specifically aimed at providing postmortem right of publicity protection when it comes to digital replicas," said Lawlor "These are generally AI-generated voice or video of performers."
Lawlor added that only around half of the states provide protections for a performer's likeness after they die. Even so, he said growing technology needs to be reflected in existing right of publicity laws.
"Digital replicas, as the term is used in AB 1836, aren't discussed in any of these historical right of publicity laws," Lawlor explained. "It's not something that people were envisioning coming into being."
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