When the Screen Lies: Navigating Privacy and Publicity in an AI World

Authors

Nancy M. Menagh, Fordham University School of Law

Keywords

entertainment law; European law; intellectual property law; legislation; privacy law; publicity law; torts; copyright; AI; generative AI; GenAI; privacy rights; publicity Rights; NO FAKES Act; No AI FRAUD Act; EU AI Act; IP law; SAG-AFTRA; entertainment; film and television

Abstract

A key issue of the 2023 SAG-AFTRA strike was the use of generative AI in the entertainment industry and, more specifically, the creation of uncanny digital replicas of performers being used without their knowledge or consent. Since then, concerns have only intensified around the unauthorized creation and use of digital replicas and the ease with which they can be made and disseminated online. Currently, there is a patchwork of state laws that attempt to target these issues, but they have proven ineffective against the challenges presented by digital replicas.

This Note analyzes the problems digital replicas have raised in the entertainment industry and their impact on performers. Specifically, this Note evaluates legislation that has been enacted and proposed and considers their adequacy in containing the threat posed to performers. To resolve confusion and provide a remedy for the unauthorized creation and distribution of digital replicas, this Note proposes enacting a federal right of publicity to close the gaps that exist within the current state-based regime.

Recommended Citation

Nancy M. Menagh, When the Screen Lies: Navigating Privacy and Publicity in an AI World, 94 Fordham L. Rev. 337 (2025).
Available at: https://ir.lawnet.fordham.edu/flr/vol94/iss1/8