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1 1 (September 29, 2023)

handle is hein.crs/govenaw0001 and id is 1 raw text is: Congressional_______ hResearch Service Artificial Intelligence Prompts Renewed Consideration of a Federal Right of Publicity September 29, 2023 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 (or ROP, for short). The ROP is often defined as the right to prevent unauthorized uses of one's name, image, or likeness (NIL) or other aspects of one's identity (such as one's voice). The ROP is not comprehensively protected by current federal laws. 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. Another CRS report and Legal Sidebar discuss a separate set of legal issues relating to restrictions on the ability of college student- athletes to receive compensation for uses of their NIL. State Right of Publicity Laws The ROP is protected in some form by the laws of most U.S. states, and the number of states that recognize this right has expanded over the past several decades. One study found that 35 states recognized the ROP as of 2020. ROP laws generally create a private right of action for the unauthorized commercial use of a person's NIL. For example, if a manufacturer uses a famous athlete's name or face in a TV commercial without her permission, the athlete could sue the manufacturer for violating her ROP, and a court could order the manufacturer to pay damages and stop showing the commercial. What constitutes an unauthorized commercial use of NIL can vary from state to state. Some states' ROP laws potentially apply only to advertising, while others more broadly apply to any use that commercially benefits the user, such as video game or comic book characters based on real people. Other notable differences between the ROP laws of various states concern questions such as the following: Is the ROP protected by statute, common law, or both? Twenty-five states have enacted statutes protecting the ROP. In some of these states, including California, the ROP is protected by both statutes and common law (law derived from court opinions). In Congressional Research Service https://crsreports.congress.gov LSB11052 CRS Legal Sidebar Prepared for Members and Committees of Congress

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