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- Title
Digital Replicas: Harm Caused by Actors' Digital Twins and Hope Provided by the Right of Publicity.
- Authors
Curren, Alexandra
- Abstract
In July of 2023, SAG-AFTRA went on strike, joining the Writers Guild of America and bringing Hollywood to a halt. This Note centers on one of the actors' chief concerns: digital replicas. A digital replica is a computergenerated image that reproduces the likeness of a person and then can be manipulated to create a "performance without the involvement of that person. Abuse of this technology has the potential to render actors' jobs obsolete, while also violating their right to own their likeness. This Note proposes an expansion of the right of publicity to protect actors from exploitative use of digital replicas. A broader application of the right of publicity must grapple with First Amendment concerns, in particular, the tradition of the right applying only to commercial use of likeness and not expressive use, like the movies and television shows likely to incorporate digital replicas. However, this Note illustrates that in reality, courts and the New York state legislature have already begun to apply the right of publicity to expressive works. More, the policy behind the decision in the singular right of publicity case to come before the U.S. Supreme Court supports further expansion of the right because the Court recognized the need to protect the economic value of a performance. The rapid development Of digital replicas and other forms Of artificial intelligence raises many legal questions. By addressing one narrow slice of this new territory, this Note hopes to highlight the law's potential for prioritizing and protecting human creativity.
- Subjects
DIGITAL twins; RIGHT of publicity; WRITERS Guild of America; UNITED States. Constitution. 1st Amendment; UNITED States. Supreme Court
- Publication
Texas Law Review, 2023, Vol 102, Issue 1, p155
- ISSN
0040-4411
- Publication type
Article