The creative promise of generative artificial intelligence (“GenAI or “AI”) is tremendous. Irrespective of artistic talent, any user can enter a text prompt into an AI tool and generate a new visual or audio work. Such AI tools also allow for the creation of outputs that impersonate the voice, image, or other likeness of individuals. Currently, no federal “right of publicity” exists in the United States protecting an individual’s name, likeness, or other recognizable aspects of one’s persona from commercial misappropriation (such as use in advertising). A majority of states, however, recognize such a right of publicity. These state laws typically contain carveouts to protect expressive speech under the First Amendment, such as for artistic expression in film and TV.
