In a Bloomberg Law article, Ropes & Gray attorneys Erica Han, Emily Karlberg, Jaclyn Malmed and Alexandra Boster discuss the right of publicity (ROP) and how generative AI tools can be used to mimic one’s likeness. The authors address potential legal risks and corresponding best practices to mitigate the risks of ROP claims of Federal Trade Commission enforcement actions when using AI in advertising.
The authors explain that it is crucial that marketers, companies, and brands alike understand how to navigate the legal landscape when using generative AI, including virtual influencers and media that captures the likeness of an individual. Maintaining best practices, including disclosures, obtaining consent, and distinguishing between commercial and non-commercial uses can mitigate the risk of an ROP claim or FTC enforcement action.
The article was authored by IP transactions partner Erica Han, IP transactions counsel Emily Karlberg and IP transactions associates Jaclyn Malmed and Alexandra Boster.
Copyright 2024 Bloomberg Industry Group, Inc. (800-372-1033) AI, Advertising & the Right of Publicity: Navigating the Legal Landscape & Related Risks. Reproduced with permission.
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