Sources for NO FAKES Act Congressional hearing
On April 30, 2024, a Congressional hearing on the NO FAKES Act took place with testimony from various perspectives. The NO FAKES Act is primarily concerned with AI and technological sources creating digital versions of real people, living or deceased, and creating new works or other potential uses of those digital recreations. Below is a compilation of sources reporting on the hearing:
Preemption question: Copyright v. Right of Publicity
The Ninth Circuit Court of Appeals in Maloney v. T3 Media, Inc., Case No. 15-55630 (9th Cir. April 5, 2017), recently issued the latest installment in the age-old supposed showdown between Copyright and the Right of Publicity and the issue of preemption. The Court states in the holding that preemption can occur “when a likeness has been captured in a copyrighted artistic visual work and the work itself is being distributed for personal use.”
To be clear, copyright does not automatically preempt the Right of Publicity. The two doctrines protect distinct interests and, have separate policy purposes. Preemption generally requires a very specific fact pattern. The assumption seems to be that if the Right of Publicity co-exists in tandem with a copyright interest, preemption must be applicable. That is not the case, and there are countless examples of uses, situations and fact patterns where various rights or interests apply simultaneously without one preempting the other. I read Maloney as a fairly confined, and specific ruling on a distinct fact pattern.
Here is a link to an article with more elaboration on the specifics of the case:
http://www.lexology.com/library/detail.aspx?g=00561f3d-b251-4058-af0a-09c44e88fb22&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+General+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2017-04-12&utm_term=