AI Legal Developments Affecting Hollywood In 2025
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Anthropic AI logo. NurPhoto via Getty Images AI legal developments are occurring at breakneck speed, so this article provides a brief update on AI legal developments so far in 2025. Right of Publicity California. Effective as of January 1, 2025, California prohibits contracts that purport to permit the creation of digital replicas of a person unless a number of easy-to-meet exceptions apply, such as if the person is represented by a lawyer or use of the digital replica does not replace work that the person would otherwise do. Another exception is if the person is a member of SAG-AFTRA, because the SAG-AFTRA Basic Agreement provides much better protection. California law provides the heirs of “deceased personalities” (persons who are widely known at the time of, or because of, their death) with right of publicity protection for seventy years after death. However, there was a large statutory loophole that permitted use of the deceased personality’s voice or likeness in connection with “entertainment, or a dramatic, literary, or musical work,” and this exception was repealed as of January 1, 2025 with respect to digital replicas. New York. In June, New York passed legislation requiring any advertisement that includes an image of a human created by AI (“synthetic performer”) to conspicuously disclose that fact unless (a) the image “is recognizable as any identifiable natural performer” (in which case that person presumably gave consent or has a right of publicity claim) or (b) the advertisement is for an expressive work (like a film) in which the synthetic performer appears. Federal Laws. Given the wildly inconsistent rulings on the right of publicity at the state level, there is a desperate need for uniform federal legislation on this issue, as there is for copyright and trademark. The very first federal legislation directly addressing content created by…
Filed under: News - @ August 14, 2025 4:18 am