Artificial Intelligence: Is Imitation Still Flattery? Part 1

IP Goes Pop

Hosts Michael Snyder and Joseph Gushue kick off a two-part series on artificial intelligence (AI) and its impact on intellectual property (IP) rights in an individual’s persona. They delve into generative AI, explaining how it creates text, images, and voices that closely mimic human attributes, and discuss the right of publicity, a legal doctrine that protects an individual's likeness and voice from unauthorized commercial use.

The hosts explore AI's portrayal of humans in pop culture, citing films like Terminator 2, S1m0ne, and Her to illustrate AI's potential to replicate human beings. These examples set the stage for a deeper understanding of the real-world implications of AI in the realm of IP. Michael and Joe explain how generative AI models, trained on vast amounts of data, produce human-like outputs, highlighting the complexities of AI in the context of IP rights.

They discuss historical and contemporary cases, such as Bette Midler vs. Ford Motor Company, Tom Waits vs. Frito-Lay, and the recent controversy involving Scarlett Johansson and OpenAI, to underscore the significance of the right of publicity in the age of AI. The episode wraps up with reflections on the ongoing concerns with new technology and IP rights, noting these issues have recurred throughout history with each technological leap. This is Part One of a two-part series. Stay tuned for Part Two.

Key Moments:

00:52 Episode Overview: Part One of a Two-Parter on Generative AI 02:57 Artificial Intelligences Replicating Human Attributes in Pop Culture 10:37 Defining Generative AI 14:55 Introduction to the Right of Publicity 25:48 Scarlett Johansson and OpenAI’s Sky 32:45 Takeaways & Looking Ahead to Part 2

For full show notes and to explore more episodes, please visit www.vklaw.com/newsroom-podcasts.

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