{"type":"rich","version":"1.0","provider_name":"Transistor","provider_url":"https://transistor.fm","author_name":"Letters of Intent","title":"Publicity In The Era of AI Clones","html":"<iframe width=\"100%\" height=\"180\" frameborder=\"no\" scrolling=\"no\" seamless src=\"https://share.transistor.fm/e/ce4c95b5\"></iframe>","width":"100%","height":180,"duration":1067,"description":"In this episode breakdown, Pankaj Raval and Sahil Chaudry tackle a rapidly evolving area of law that is currently dominating the entertainment industry and corporate boardrooms alike: The Right of Publicity in the era of AI clones and deepfakes.\nPrompted by a surge of client inquiries from actors and content creators, Pankaj and Sahil dissect the critical difference between copyright (what you make) and the right of publicity (who you are). They unpack the legal history of imitation, the dangers of assigning your voice in perpetuity, and the massive implications of the pending federal No Fakes Act for founders and creators.\nTakeaways\nCopyright vs. Right of Publicity: Copyright protects the tangible expression of an idea (e.g., a script you wrote or a video you recorded). The Right of Publicity, primarily governed by state law, protects your actual identity—your name, image, and likeness—from being commercialized without your consent.\nThe Danger of Perpetual Assignment: Founders, voice actors, and employees must be incredibly careful when signing agreements. Assigning your voice or image \"in perpetuity\" means you are permanently giving away the exclusive right to monetize your own identity, leaving you vulnerable to AI replication.\nThe Imitation Precedent: Pankaj highlights landmark cases like Midler v. Ford Motor Co. (1988) to explain how courts have historically handled imitation. If deliberately hiring a soundalike to imitate a distinctive voice is actionable, the legal framework already exists to aggressively target AI deepfakes.\nThe Pending No Fakes Act: California already has strict rules preventing the unconscionable waiver of publicity rights, but federal law is catching up. The pending No Fakes Act aims to create a federal cause of action against AI impersonations, capping licenses at 10-year intervals and prohibiting the outright assignment of identity during a person's life.\nSoundbites\n\"Copyright protects what you made, the right of publicity protects...","thumbnail_url":"https://img.transistorcdn.com/nODHY0YK7swr_eu_9CBnHlaREdt4O-QJxCNv3UFQkmY/rs:fill:0:0:1/w:400/h:400/q:60/mb:500000/aHR0cHM6Ly9pbWct/dXBsb2FkLXByb2R1/Y3Rpb24udHJhbnNp/c3Rvci5mbS8yMWY4/ZjJkZjk4OTE4ZTg4/N2E2ODhhNjNjZTUz/YjM1Yy5wbmc.webp","thumbnail_width":300,"thumbnail_height":300}