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US state digital replica rights patchwork shows gaps in federal proposals

By Nick Robertson ( May 19, 2025, 15:24 GMT | Insight) -- Practitioners hoping to bring publicity claims related to a person’s digital likeness, including for deepfakes, face a minefield of differing state statutes which complicate practice, two panels told attendees of the International Trademark Association annual meeting Saturday and Sunday. Even federal law proposals fall short of a solution, with limited or nonexistent preemption, members of a  panel said.US states have chosen different paths to regulate the misappropriation of digital likeness in the age of artificial intelligence deepfakes, with over half of states not having any law on the books. The different approaches make pursuing the claims difficult and highlights shortcomings of federal proposals, practitioners said at panels at the International Trademark Association annual meeting in San Diego on Saturday and Sunday....

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