Sharoni S. Finkelstein

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Sharoni Finkelstein is Venable’s West Coast brand protection lead. Sharoni’s practice focuses on global brand protection and enforcement, counseling clients on how to secure, protect, and police their trademark rights. She represents clients in federal court, before the Trademark Trial and Appeal Board (TTAB), and in Uniform Domain Name Dispute Resolution (UDRP) proceedings. Sharoni manages high-volume enforcement programs, sending cease and desist letters, negotiating complex settlements in trademark infringement matters, and handling infringement matters on social media and other Internet platforms, including through the use of various takedown proceedings.

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Innovations in artificial intelligence (AI) have made it easier than ever to replicate a person’s name, image, and likeness (NIL), particularly if that person is a celebrity. AI algorithms require massive amounts of “training data”— videos, images, and soundbites—to create “deepfake” renderings of persona in a way that feels real. The vast amount of training data available for celebrities and public figures make them easy targets. So, how can celebrities protect their NIL from unauthorized AI uses?

The Right of Publicity

The right of publicity is the primary tool for celebrity NIL protection. The right of publicity protects against unauthorized commercial exploitation of an individual’s persona, from appearance and voice to signature catchphrase. Past right of publicity cases provide some context for how this doctrine could be applied to AI-generated works.Continue Reading Artificial Intelligence Wants Your Name, Image and Likeness – Especially If You’re a Celebrity