Artificial Intelligence Prompts Renewed Consideration of a Federal Right of Publicity

Recent uses of artificial intelligence (AI) to create realistic images, videos, or voice simulations of real people have prompted some Members of Congress to call for federal legislation to protect the “right of publicity” (ROP).

This Legal Sidebar surveys existing state-level legal protections for ROP, explains how they intersect with federal laws regarding intellectual property (IP), describes potential ROP concerns raised by AI, and presents constitutional and other legal considerations for Congress.