Deepfakes, Publicity Rights, and the ELVIS Act: The Intersection of Intellectual Property, AI, and Your Likeness | A Conversation with JC Heinbockel | Redefining CyberSecurity with Sean Martin

Jun 18, 2024

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Guest: JC Heinbockel, Associate, Seyfarth Shaw LLP

On LinkedIn | https://www.linkedin.com/in/j-c-heinbockel-6563996a/

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Host: Sean Martin, Co-Founder at ITSPmagazine [@ITSPmagazine] and Host of Redefining CyberSecurity Podcast [@RedefiningCyber]

On ITSPmagazine | https://www.itspmagazine.com/sean-martin

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Episode Notes

In the latest episode of Redefining CyberSecurity, Sean Martin delves into an intriguing conversation with JC Heinbockel, an intellectual property lawyer specializing in brand protection. The episode primarily focused on the intersection of the ELVIS Act and rights of publicity in the age of AI.

The discussion kicked off with JC Heinbockel providing a primer on intellectual property and the rights of publicity. He explained that while intellectual property encompasses discrete categories such as copyrights, patents, and trademarks, the right of publicity is more nuanced and often intertwined with personal privacy rights. Essentially, the right of publicity allows individuals to exploit their likenesses for commercial purposes or prevent others from doing so without permission. Heinbockel emphasized that the right of publicity is particularly relevant to celebrities and public figures whose likenesses hold significant market value. However, with the advent of generative AI and deepfake technology, protecting one's likeness has become more complicated.

The new ELVIS Act in Tennessee is designed to address these challenges by extending the right of publicity to include voices and by explicitly targeting the misuse of likenesses through deepfake technology. The episode also touched on various instances where deepfake technology has already led to unauthorized use of celebrity likenesses. JC Heinbockel cited examples like deepfake ads featuring Clint Eastwood and Tom Hanks, highlighting the legal and ethical complications these technologies introduce.

The Elvis Act serves as a legislative response to these advancements, aiming to protect individuals' likenesses from unauthorized commercial exploitation. For business leaders and security professionals, the conversation underscored the imperative need to develop robust AI policies, especially within marketing and advertising departments. Heinbockel urged organizations to carefully navigate the use of AI in creating content, as both the input and output of AI-generated material need to be scrutinized for compliance with existing laws and ethical standards. Moreover, the potential pitfalls of using generative AI extend beyond marketing to areas such as customer support and even internal operations.

Heinbockel warned of the risks associated with using AI platforms that might inadvertently disclose confidential information or generate legally dubious content. He emphasized the necessity of setting strict guidelines and having comprehensive policies in place to mitigate these risks.

The episode concluded with a call to action for companies to be proactive in understanding the implications of using AI and to plan accordingly. By doing so, they can better navigate the complex legal landscape surrounding intellectual property and publicity rights in the digital age. This timely discussion with JC Heinbockel highlights not just the challenges but also the opportunities for businesses to adapt and thrive in this evolving technological environment.