From time to time we report on significant developments – positive and negative – in the preservation of cultural heritage. Below are some updates to prior reports and new items of interest. Showcasing of Hindu Temple Backfires Earlier this year we reported on the consecration of the Ram Mandir temple in Ayodhyh, India, a northern […]
Read moreCategory: Insights
American Privacy Rights Act Draft Update July 2024
The American Privacy Rights Act (“APRA”) is the most recent effort by Congress to create a comprehensive consumer privacy law. Senator Maria Cantwell (D-WA) and Representative Cathy McMorris Rodgers (R-WA) introduced the bill in April, and the U.S. House Committee on Energy and Commerce Subcommittee on Data, Innovation and Commerce unanimously approved an updated draft […]
Read moreLegal and Ethical Issues in Posthumous Art and Artificial Intelligence
Copyright Law
+
Entertainment, Culture and the Arts
+
Privacy, Artificial Intelligence and Cybersecurity
Posthumous art, defined as works created from an artist’s original molds, negatives or plans after an artist’s death, has always been subject to legal and ethical debate. Now, the debate has been reignited by artificial intelligence (“AI”), which generates new content in an artist’s style and may replicate an artist’s voice, image and likeness. The […]
Read moreFacial Recognition Technology and Its Application in Educational and Other Sensitive Settings
Facial recognition technology (FRT), which measures an individual’s face to automate identity verification, dates back to the 1850s, when England introduced prison photography to track escaped prisoners. Now, sophisticated forms of FRT are used to unlock cellphones via facial identification features, by TSA agents to screen travelers and for policing sports stadiums and casinos. Outside the […]
Read moreComprehensive State Consumer Privacy Laws
Passage of state-level comprehensive consumer privacy laws has picked up speed in the last twelve months, and the trend is likely to continue. As the state 2023-2024 legislative sessions end, a total of seventeen states have enacted their own omnibus privacy laws: California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, Tennessee, Montana, Texas, Oregon, Delaware, New […]
Read moreDeepfakes, Rights of Publicity and Proposed Legislation
Advancements in deepfake artificial intelligence (“AI”) are increasingly being used to swap faces from an image or video, manipulate facial expressions and synthesize faces or speech. However, these replicas of the voice, image or likeness of individuals raise growing concerns as to the patchwork of right-of-publicity laws and the need for a national framework to […]
Read moreCrumbs of Data: How Internet Cookies Are Baked Into Your Online Experience
We’ve all heard about cookies and clicked through the banners and online pop-ups addressing the use of cookies, but their actual purpose and the rules that govern their use are not commonly understood either by website owners or their visitors. With the Children’s Online Privacy Protection Act (“COPPA”), the California Consumer Privacy Act (“CCPA”), the […]
Read moreDOs and DON’Ts for Website Privacy Policies
It is easy to become lost in the quagmire of privacy obligations for your website. In the absence of a comprehensive federal privacy law in the United States, individual states are enacting their own privacy laws. For a while it was only California, but now many other states either have enacted laws or have pending […]
Read moreCopyrightability of the Elements of Music Videos and the Challenges of Enforcement
On February 12, 2024, video game developer Epic Games, Inc. (“Epic”), and pop choreographer Kyle Hanagami (“Hanagami”) agreed to dismiss with prejudice a 2022 lawsuit accusing Epic of ripping off Hanagami’s dance moves for use in Epic’s popular video game “Fortnite.” The U.S. District Court for the Central District of California dismissed the lawsuit, finding […]
Read moreA Case Study: George Carlin, Artificial Intelligence and the Right of Publicity
Copyright Law
+
Entertainment, Culture and the Arts
+
Privacy, Artificial Intelligence and Cybersecurity
In January 2024 Dudesy, an AI-assisted podcast, released a new hourlong special titled “George Carlin: I’m Glad I’m Dead,” featuring a version of the late comedian George Carlin (“Carlin”) allegedly generated by artificial intelligence (“AI”). Dudesy is a comedy podcast written, created and controlled by AI, and is hosted by “Mad TV” alum Will Sasso […]
Read more