Notice2024-14455
Public Roundtable on Protections for Name, Image, Likeness, Other Indicia of Identity, and Reputation
Primary source
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Published
July 1, 2024
Issuing agencies
Commerce DepartmentPatent and Trademark Office
Abstract
The United States Patent and Trademark Office (USPTO) will hold a roundtable to seek public input regarding: whether existing laws protecting an individual's reputation and existing laws prohibiting unauthorized use of an individual's name, image, voice, likeness, or other indicia of identity (collectively referred to within this Notice as "NIL") are sufficient given the development and proliferation of artificial intelligence (AI) technology. The USPTO will seek this input to assist in its ongoing work to shape intellectual property (IP) policy, including NIL policy, and to assist in its work related to President Biden's Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence.
Full Text
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<title>Federal Register, Volume 89 Issue 126 (Monday, July 1, 2024)</title>
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[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Notices]
[Pages 54442-54444]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14455]
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DEPARTMENT OF COMMERCE
Patent and Trademark Office
[Docket No. PTO-C-2024-0024]
Public Roundtable on Protections for Name, Image, Likeness, Other
Indicia of Identity, and Reputation
AGENCY: United States Patent and Trademark Office, Department of
Commerce.
ACTION: Notice of public roundtable.
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SUMMARY: The United States Patent and Trademark Office (USPTO) will
hold a roundtable to seek public input regarding: whether existing laws
protecting an individual's reputation and existing laws prohibiting
unauthorized use of an individual's name, image, voice, likeness, or
other indicia of identity (collectively referred to within this Notice
as ``NIL'') are sufficient given the development and proliferation of
artificial intelligence (AI) technology. The USPTO will seek this input
to assist in its ongoing work to shape intellectual property (IP)
policy, including NIL policy, and to assist in its work related to
President Biden's Executive Order on the Safe, Secure, and Trustworthy
Development and Use of Artificial Intelligence.
DATES: The USPTO will hold a public roundtable, titled Protecting NIL,
Persona, and Reputation in the Age of Artificial Intelligence, on
August 5, 2024. The roundtable will consist of an in-person session and
a separate virtual session. Individuals who wish to participate as a
speaker at either session of the roundtable must submit a request to
the email address below (at the ADDRESSES section of this Notice), and
such requests must be received by 11:59 p.m. Eastern Time on July 31,
2024.
ADDRESSES: The in-person session of the roundtable will be held at the
USPTO's headquarters, 600 Dulany Street, Alexandria, VA 22314. The
virtual session of the roundtable will be conducted using the Webex
videoconferencing platform. Requests to participate as a speaker at
either session of this roundtable must be submitted via email to
<a href="/cdn-cgi/l/email-protection#eda3a4a19f82988389998c8f8188ad989e9d9982c38a829b"><span class="__cf_email__" data-cfemail="c7898e8bb5a8b2a9a3b3a6a5aba287b2b4b7b3a8e9a0a8b1">[email protected]</span></a> and must be received by the date listed above
(at the DATES section of this Notice).
Individuals submitting a request to participate must include in
their request: their name, professional affiliation, contact
information, a clear indication of the roundtable session in which they
seek to participate (individuals may participate in either the in-
person or virtual session, but not both), and a short--no longer than
one page--summary of what they intend to address at the roundtable.
Requests to participate as a speaker at the roundtable made in any
other format will not be considered. If an email submission of a
request to participate as a speaker is not feasible, please contact the
USPTO using the contact information below for special instructions.
Members of the public interested in viewing the livestream of the
roundtable must register using this link: <a href="https://www.uspto.gov/about-us/events/public-roundtable-ai-and-protections-for-use-of-individuals-name-image-or-likeness">https://www.uspto.gov/about-us/events/public-roundtable-ai-and-protections-for-use-of-individuals-name-image-or-likeness</a>.
FOR FURTHER INFORMATION CONTACT: Jeffrey Martin, Trademark Attorney-
Advisor, USPTO, <a href="/cdn-cgi/l/email-protection#92f8f7f4f4e0f7ebbcfff3e0e6fbfcd2e7e1e2e6fdbcf5fde4"><span class="__cf_email__" data-cfemail="0f656a69697d6a7621626e7d7b66614f7a7c7f7b6021686079">[email protected]</span></a>, 571-272-9300.
SUPPLEMENTARY INFORMATION:
I. Background
To advance its mission, the USPTO monitors and studies emerging
technologies, including AI, evaluates whether current IP policies and
protocols continue to encourage the development of new creations and
technologies without unnecessarily locking up innovation or otherwise
[[Page 54443]]
impinging on the rights of others, and analyzes how emerging
technologies impact IP rights. The USPTO engages with stakeholders,
collaborates with other Federal agencies, and solicits views from the
public to conduct this work. As appropriate, the USPTO develops new
protocols, guidance, and policies, as well as policy recommendations
for the Executive and Legislative Branches of the United States
government, that incorporate input received during this process.
In June 2022, the USPTO established the Artificial Intelligence and
Emerging Technology (AI/ET) Partnership to further elevate its
engagement with stakeholders, government agencies, and the public on
these issues. For more information on the AI/ET Partnership, visit
<a href="https://www.uspto.gov/artificial-intelligence">https://www.uspto.gov/artificial-intelligence</a>. The AI/ET Partnership
has conducted numerous listening sessions on AI and IP issues,
including a symposium in Los Angeles, California in March 2024, on AI's
implications for patent, copyright, and NIL laws and policies.
The USPTO, through the Department of Commerce, is also the primary
advisor to the President on IP policy matters. On October 30, 2023,
President Biden issued the Executive Order on the Safe, Secure, and
Trustworthy Development and Use of Artificial Intelligence, which is
available at <a href="https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence/">https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence/</a>. This Executive Order,
in part, charges the USPTO with providing guidance to stakeholders and
recommendations to the President regarding AI's impact on IP rights.
AI technology enables new and efficient ways to create digital
media, including images, audio, and video. AI can be used to generate
digital media that incorporates individuals' NIL or impacts
individuals' reputations, with or without appropriate authorization.
The unauthorized use of AI-generated NIL content can implicate Federal
trademark and copyright laws, as well as state NIL laws.
Many state legislatures and courts have either enacted laws or
established judicial precedents that protect individuals' NIL or
reputations. In addition, some Federal statutes address certain misuses
of NIL or reputation. For example, section 43(a) of the Lanham Act (15
U.S.C. 1125(a)) contains a Federal cause of action that individuals can
use to address unauthorized uses of their NIL in certain commercial
circumstances.
II. Roundtable
In support of its ongoing work to shape IP policy and evaluate
emerging technologies' implications for IP rights, the USPTO will hold
a roundtable to solicit input from the public on whether existing legal
protections for individuals' NIL and reputations are sufficient, how
these legal protections intersect with other IP laws, and how AI
technology impacts existing legal protections for NIL and reputation.
The roundtable will consist of an in-person session and a separate
virtual session.
Members of the public interested in participating as a speaker at
either session of the roundtable must submit such a request to
<a href="/cdn-cgi/l/email-protection#2d6364615f42584349594c4f41486d585e5d5942034a425b"><span class="__cf_email__" data-cfemail="84cacdc8f6ebf1eae0f0e5e6e8e1c4f1f7f4f0ebaae3ebf2">[email protected]</span></a> and provide their name, professional
affiliation, contact information, a clear indication of the roundtable
session in which they seek to participate (individuals may participate
in either the in-person or virtual session, but not both), and a
short--no longer than one page--summary of what they intend to address
at the roundtable. Such requests must be submitted by the dates listed
above (at the DATES section of this Notice). The USPTO will make every
effort to accommodate requests to speak at the roundtable, subject to
time limitations.
The roundtable will be livestreamed. The USPTO will post additional
information about the roundtable, including a tentative agenda and
instructions for members of the public to register to view the
livestream, at <a href="https://www.uspto.gov/about-us/events/public-roundtable-ai-and-protections-for-use-of-individuals-name-image-or-likeness">https://www.uspto.gov/about-us/events/public-roundtable-ai-and-protections-for-use-of-individuals-name-image-or-likeness</a>.
The USPTO will also record and transcribe the roundtable and will
make available copies of the recording and transcript on the USPTO
website at <a href="https://www.uspto.gov/about-us/events/public-roundtable-ai-and-protections-for-use-of-individuals-name-image-or-likeness">https://www.uspto.gov/about-us/events/public-roundtable-ai-and-protections-for-use-of-individuals-name-image-or-likeness</a>.
The USPTO welcomes remarks from roundtable speakers on any issues
relevant to the subject matter of this roundtable and is particularly
interested in the following questions.
1. How does the use of unauthorized NIL content harm individuals?
Does AI technology exacerbate the creation and use of unauthorized NIL
content and harm to individuals? If so, how?
2. How can AI be used as a legitimate and constructive tool in
circumstances where individuals grant permission to a third party to
use their NIL?
3. Do technological mechanisms or protocols currently exist to
identify AI-generated NIL content, to prevent or deter unauthorized AI-
generated NIL content, or to remove unauthorized AI-generated NIL
content after it has been released? What other types of mechanisms or
protocols exist, or should exist, to identify AI-generated NIL content
or address unauthorized NIL content?
4. Currently, NIL is primarily protected via state law. In
addition, some Federal statutes also address certain misuses of NIL.
For example, the Lanham Act includes a provision--15 U.S.C. 1125(a)--
that can be used to bring a Federal cause of action in certain
circumstances involving NIL misuse. Are current legal protections for
NIL rights sufficient? Why or why not?
5. There have been calls for a new Federal law to address
unauthorized use of NIL content, including content generated by AI.
Should Congress create a new Federal law to protect NIL? If so:
(a) Should current state NIL laws, such as state right of publicity
laws, be preempted if a new Federal NIL law is enacted?
(b) What key elements should be incorporated in a new Federal NIL
law?
(c) Should any new Federal NIL law protect against all unauthorized
replicas of an individual's NIL or focus on unauthorized AI-generated
replicas?
(d) Some state laws addressing NIL protect only well-known
individuals. Likewise, many Federal circuit courts require a showing,
among other elements, that a plaintiff is famous or recognizable by the
public in order to succeed on a claim under 15 U.S.C. 1125(a). Should
this requirement of fame or recognizability be included in a new
Federal law protecting NIL rights? Why or why not?
(e) Should a new Federal law prohibit non-commercial uses of
unauthorized NIL content, such as political deep fakes and revenge
pornography?
(f) What types of enforcement mechanisms should be included in any
new Federal NIL law?
(g) What elements should be included in a new Federal NIL law to
help ensure it does not become obsolete due to rapid changes in AI
technology?
(h) Section 230 of the Communications Decency Act states: ``No
provider or user of an interactive computer service shall be treated as
the publisher or speaker of any information provided by another
information content provider.'' Section 230 also expressly provides
that ``[n]othing in this section shall be construed to limit or expand
any law pertaining to intellectual property.'' Should any new Federal
NIL law be considered an ``intellectual property law'' for purposes
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of Section 230 of the Communications Decency Act?
(i) How should Congress address First Amendment considerations in
any new Federal NIL law?
(j) Should any new Federal NIL law be incorporated into the Lanham
Act?
6. What limits, if any, should be placed on the voluntary transfer
of rights concerning NIL to a third party? For example, should there be
limits on the duration of such transfers?
7. Questions 1-6 above relate to individuals' NIL. How should these
questions be answered in the context of individuals' and creators'
reputations?
Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of
the United States Patent and Trademark Office.
[FR Doc. 2024-14455 Filed 6-28-24; 8:45 am]
BILLING CODE 3510-16-P
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