Document Type
Article
Abstract
The ability to easily recreate another’s face or voice and digitally superimpose it on one’s own has led to a surge in face and voice swapping using deepfakes and deep voices. This technology uses artificial intelligence to create digital replicas with hyperreal accuracy. These digital replicas challenge the underlying premise of the transformative use test that courts use to determine whether a right of publicity infringement merits First Amendment protection. This Note finds a win-win scenario where a stricter test combined with a likeness licensing repository may both allow for public figures to monetize their likeness and provide digital replica creators legal protections over their works.
Recommended Citation
Reid M. Koski,
Warhol, Drake, and Deepfakes: Monetizing the Right of Publicity in the Generative AI Era,
40
Ga. St. U. L. Rev.
981
(2024).
Available at:
https://readingroom.law.gsu.edu/gsulr/vol40/iss4/11