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

A federal district court judge in the Central District of California recently dismissed a choreographer’s claims against Epic Games Inc. (“Epic Games”) arising out of Epic Games’ alleged use of his dance moves in its Fortnite video game. See Kyle Hanagami v. Epic Games Inc., No. 22-cv-02063-SVW-MRW (C.D. Cal. Aug. 24, 2022) (Dkt. 45) (“the Order”).

As the Order explains, Fortnite features a virtual reality world where players can choose an avatar to represent them as they explore, build, and destroy structures, and battle each other in player-to-player combat. Fortnite players can customize their avatars by utilizing a variety of features, including “emotes,” which are dances that avatars perform while attending concerts or to celebrate a victory in a battle royale game, among other things. Choreographer Kyle Hanagami brought copyright infringement and unfair competition claims against Epic Games based on his allegations that one of Fortnite‘s nearly 500emotes incorporated a handful of dance moves from a five-minute routine he posted to YouTube in 2017 and obtained a copyright for in 2021.Continue Reading California District Court Holds Dance Moves in Fortnite Did Not Infringe Copyright

With technological innovation continuing to transform how companies do business, more and more entities are looking to forge strategic alliances that leverage the commercial uses of intellectual property and other intangible assets. In this Q and A, Jim Nelson and Bill Russell, co-chairs of Venable’s Technology, Media, and Commercial (TMC) group, discuss their extensive experience facilitating such alliances; how innovation is impacting different industries; and some of the most exciting new developments in the field.

Q: What are strategic alliances and how do they work?

Bill:  There can be infinite variations, but in its simplest form a strategic alliance is where one company has a particular service or product, another company has a particular service or product, and they both recognize that if they were to collaborate and put elements of those together, they can differentiate themselves in the marketplace, improve their existing product or service offerings, or create something entirely new. That’s where people like Jim and me come in. We understand how these relationships are built, we have the experience to know what generally works and what doesn’t work, and we have the skill to guide the parties in achieving their objectives, both collectively and individually, and to structure these objectives into a deal.Continue Reading The Increasing Need for Strategic Alliances: A Conversation with Bill Russell and Jim Nelson

How do motion picture studios protect their valuable content from piracy during distribution and exhibition in theaters? A recently awarded Disney patent aims to tackle such issues using blockchain, the distributed ledger technology underpinning popular cryptocurrencies.

The patent, “Blockchain Configuration For Secure Content Delivery” outlines the workings of a blockchain-based content distribution system for delivering, monitoring, and controlling playback of audiovisual works delivered to movie theaters. Through such a system, Disney may achieve an advancement in tackling the ongoing problem of piracy leaks when movies are released in theaters.Continue Reading Disney Patents Blockchain-Based Anti-piracy Movie Distribution System