Beyond Fiction: Do We Need a New Federal Right of Publicity Law?

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NO FAKES ACT - [Current Proposed Text]:

—Any person that, in a manner affecting interstate or foreign commerce (or using any means or facility of interstate or foreign commerce), engages in an activity described in paragraph (2) shall be liable in a civil action brought under subsection (d) for any damages sustained by the individual or rights holder injured as a result of that activity.

(2) ACTIVITIES DESCRIBED.—An activity described in this paragraph is either of the following:

(A) The production of a digital replica without consent of the applicable individual or rights holder.

(B) The publication, distribution, or transmission of, or otherwise making available to the public, an unauthorized digital replica, if the person engaging in that activity has knowledge that the digital replica was not authorized by the applicable individual or rights holder.

POTENTIAL REMEDIES FOR A PLAINTIFF

REMEDIES.—In any civil action brought under this subsection— (A) the person committing a violation of subsection (c) shall be liable to the injured party in an amount equal to the greater of—

(i) $5,000 per violation;

or

(ii) any damages suffered by the injured party as a result of the violation;

(B) in the case of a willful violation where the injured party has proven that the defendant acted with malice, fraud, or oppression, the court may award to the injured party punitive damages;

and

(C) the court may award to the prevailing party reasonable attorneys’ fees.

VIDEO RESOURCE: To learn more about the California Right of Publicity Law click here: https://youtu.be/AtMP6xF4Z8Q?si=mDmWJQ6FNbqDEJca

If you are dealing with a deep fake issue (fake ads, false endorsements, trademarks, righgt of publicity, celebrity endorsement or copyright infringement) call us at (877) 276-5084. We are a civil litigation firm based in California and Arizona focused on entertainment, technology and intellectual property infringement issues.