Mirrors that Talk: The Case for a Federal Right of Publicity in an AI-Laden World

The right of publicity (ROP) is an individual's right to control how their name, image, voice, and likeness are used in a commercial setting. With the capacities of AI systems rapidly improving, questions over protecting these important facets of identity have arisen at an alarming rate. In this paper, I analyze the ROP as a legal framework for confronting potential overreach in generative AI technologies and explain how AI is challenging the traditional American understanding of name, image, and likeness law. Using analysis of court opinions and statements from politicians on draft legislation, I recommend swift, decisive action to establish a federal ROP. I argue that maintaining the patchwork state of current AI regulations in this domain is short-sighted, and that leaving Silicon Valley companies unchecked will pose a serious threat to commercial industries and everyday activities alike.