It's more than an artistic decision when a coffee shop's ad features a simple photo of coffee with the patrons in the shop blurred in the background. Although the shop may have purchased the copyright from the photographer, that doesn't mean the shop can use people's faces in an ad. By blurring the people's images, the shop need not worry about obtaining consents. On the other hand, since a photographer owns the copyrights in photos they take, even a person who is featured in the photo can't post or copy it without consent. Read our newest article to learn about these and other pitfalls individuals, businesses, and music groups may face when they post photos on social media or use them in promotional materials.
Read MoreAn episode of Peacock's Cold War era spy show, PONIES, is set at an Elton John concert in Moscow. Peacock worked closely with Elton John's representatives and used his persona with permission, and everyone knows there is an actor impersonating Elton John. However, the same isn't true with AI generated images. AI is a valuable tool that can speed up many business processes, including speeding up the process of creating images for marketing materials. However, there's no transparency regarding the source of AI-generated images, and when those images resemble an actual individual, it raises right of publicity and copyright concerns. Read our article to learn about these legal concerns, what state laws apply when AI uses someone's image without authorization, and how the NO FAKES Act would create a national standard in this quickly developing area.
Read MoreThe NO FAKES Act, which recently cleared the Senate Judiciary Committee, would be a valuable tool in artists’ arsenal against AI replicas. However, the bill still must pass several hurdles before it becomes law. For now, except in the few states like Tennessee that have laws expressly prohibiting digital “clones,” artists need to continue to rely on state right-of-publicity laws, contract language, copyright and trademark claims, and platform takedown procedures.
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