This paper examines the following issues related to the right of publicity.
First, the use of an AI-generated persona may violate the right of publicity, even if the celebrity is not part of the AI’s training data. This is particularly true if, at the time of use, the user is aware that the celebrity’s identity or likeness would attract customers.
Second, the protection of an organization’s name is insufficient if it is based solely on the right of publicity of its individual members. The rights and interests of organizations should be considered separately from those of individuals.
Finally, it is essential to recognize the continuity between the right of publicity, which prevents unauthorized use by others, and the business interest, which relates to an individual’s own use.
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