Public roundtable: AI and protections for use of an individual’s name, image, likeness, or reputation

Event summary

August 5, 2024

9:00 a.m. ET - 4:30 p.m. ET

United States Patent and Trademark Office

Global Intellectual Property Academy

600 Dulany Street

Alexandria, VA 22314

Add to Calendar2024-08-05 09:00:002024-08-05 09:00:00Public roundtable: AI and protections for use of an individual’s name, image, likeness, or reputation The United States Patent and Trademark Office (USPTO) invited members of the public to a roundtable discussion about the intersection of artificial intelligence (AI) technology and legal protections for individuals’ reputations and name, image, voice, likeness (NIL), and other indicators of identity. This was an opportunity to provide input on:Whether existing legal protections for individuals’ NIL and reputations are sufficientHow these legal protections intersect with other intellectual property (IP) lawsHow AI technology impacts existing legal protections for NIL and reputationThe feedback received assisted the USPTO’s work to develop IP policy recommendations regarding the intersection of AI and IP, in accordance with the Executive Order on AI issued by President Biden in October 2023.The roundtable consisted of two sessions: A morning in-person session at USPTO headquarters in Alexandria, Virginia, and an afternoon virtual session.Additional details about the roundtable are in the Federal Register Notice published July 1, 2024. Video and transcriptA video recording and transcript, of this event, are now available.AgendaAgenda Roundtables pursuant to 7/1/2024 Federal Register Notice. In-person roundtable, 9:30 a.m. - 12:30 p.m. 9:30 - 9:40 a.m. | Opening remarks (recorded)Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO)9:45 - 9:50 a.m. | IntroductionAnn Chaitovitz, Copyright Attorney, USPTO Office of Policy and International Affairs9:50 a.m. - 12:30 p.m. | In-person roundtableMotion Picture Association (MPA) — Benjamin Sheffner, Senior Vice President and Associate General Counsel, Law and PolicyRecording Academy — Michael Lewan, Managing Director, State and Federal Advocacy, Recording AcademyHAND — Will Kreth, CEODigital Media Association (DIMA) — Charles Colin Rushing, General Counsel and EVPNational Association of Voice Actors — Tim Friedlander, President/Co-FounderSheppard Mullin — James Gatto, AI Team leaderChild Safety Advocate/CEO IGGY Ventures LLC — Patrick LaneChamber of Progress — Aden Hizkias, Policy AnalystAdobe, Inc. — J. Scott EvansMLB Players Association, Inc. — Shawn McDonald, SVP Business and Legal AffairsEndeavor — Jonathan Seiden, SVP, Associate General CounselEntertainment Software Association — Bijou Mgbojikwe, Senior Policy CounselInternational Trademark Association (INTA) — Andrew J. Avsec, Chair, Right of Publicity CommitteeAuthors Guild — Umair Kazi, Director of Policy and Advocacy Virtual roundtable 2 - 4:05 p.m. 2 - 2:10 p.m. | Opening remarks (recorded)Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO)2:10 - 2:15 p.m. | IntroductionJeffrey Martin, Trademark Attorney, USPTO Office of Policy and International Affairs2:15 - 4:00 p.m. | Virtual roundtableInnovate@UCLA — Beverly Macy, Executive Board MemberElectronic Frontier Foundation — Corynne McSherry, Legal DirectorAranovich Law Firm, PC — Natalia Aranovich, Law Firm FounderSAG-AFTRA — Duncan Crabtree-Ireland, National Executive Director and Chief NegotiatorPublic Knowledge — Nicolas (“Nick”) Garcia, Senior Policy CounselSL DeBarros Law Firm, LLC — Sivonnia DeBarrosRecording Industry Association of America (RIAA) — Thomas Clees, Senior Vice-President, Federal Public PolicyEngine Advocacy and Foundation — Jill Crosby, Policy AnalystBusiness Software Alliance — Joseph Whitlock, Director, PolicyRe:Create Coalition — Brandon Butler, Executive DirectorPolicy Bandwidth — Jonathan Band4 - 4:05 p.m. | Closing remarksJeffrey Martin, Trademark Attorney, USPTO Office of Policy and International Affairs Additional informationFor more information, contact Lakeshia Harley in the USPTO’s Office of Policy and International Affairs. United States Patent and Trademark Office Global Intellectual Property Academy 600 Dulany Street Alexandria, VA 22314 United States United States Patent and Trademark Office Global Intellectual Property Academy 600 Dulany Street Alexandria, VA 22314 United States United States Patent and Trademark OfficeAmerica/New_Yorkpublic

Artificial Intelligence and how it effects Name, Image and Likeness. Circuits encroaching over photo of woman’s face.

The United States Patent and Trademark Office (USPTO) invited members of the public to a roundtable discussion about the intersection of artificial intelligence (AI) technology and legal protections for individuals’ reputations and name, image, voice, likeness (NIL), and other indicators of identity.

This was an opportunity to provide input on:

Whether existing legal protections for individuals’ NIL and reputations are sufficient
How these legal protections intersect with other intellectual property (IP) laws
How AI technology impacts existing legal protections for NIL and reputation

The feedback received assisted the USPTO’s work to develop IP policy recommendations regarding the intersection of AI and IP, in accordance with the Executive Order on AI issued by President Biden in October 2023.

The roundtable consisted of two sessions: A morning in-person session at USPTO headquarters in Alexandria, Virginia, and an afternoon virtual session.

Additional details about the roundtable are in the Federal Register Notice published July 1, 2024.

Video and transcript

A video recording and transcript, of this event, are now available.

Agenda

Agenda Roundtables pursuant to 7/1/2024 Federal Register Notice.

In-person roundtable, 9:30 a.m. - 12:30 p.m.

9:30 - 9:40 a.m. | Opening remarks (recorded)

Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO)

9:45 - 9:50 a.m. | Introduction

Ann Chaitovitz, Copyright Attorney, USPTO Office of Policy and International Affairs

9:50 a.m. - 12:30 p.m. | In-person roundtable

Motion Picture Association (MPA) — Benjamin Sheffner, Senior Vice President and Associate General Counsel, Law and Policy
Recording Academy — Michael Lewan, Managing Director, State and Federal Advocacy, Recording Academy
HAND — Will Kreth, CEO
Digital Media Association (DIMA) — Charles Colin Rushing, General Counsel and EVP
National Association of Voice Actors — Tim Friedlander, President/Co-Founder
Sheppard Mullin — James Gatto, AI Team leader
Child Safety Advocate/CEO IGGY Ventures LLC — Patrick Lane
Chamber of Progress — Aden Hizkias, Policy Analyst
Adobe, Inc. — J. Scott Evans
MLB Players Association, Inc. — Shawn McDonald, SVP Business and Legal Affairs
Endeavor — Jonathan Seiden, SVP, Associate General Counsel
Entertainment Software Association — Bijou Mgbojikwe, Senior Policy Counsel
International Trademark Association (INTA) — Andrew J. Avsec, Chair, Right of Publicity Committee
Authors Guild — Umair Kazi, Director of Policy and Advocacy

Virtual roundtable 2 - 4:05 p.m.

2 - 2:10 p.m. | Opening remarks (recorded)

Kathi Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office (USPTO)

2:10 - 2:15 p.m. | Introduction

Jeffrey Martin, Trademark Attorney, USPTO Office of Policy and International Affairs

2:15 - 4:00 p.m. | Virtual roundtable

Innovate@UCLA — Beverly Macy, Executive Board Member
Electronic Frontier Foundation — Corynne McSherry, Legal Director
Aranovich Law Firm, PC — Natalia Aranovich, Law Firm Founder
SAG-AFTRA — Duncan Crabtree-Ireland, National Executive Director and Chief Negotiator
Public Knowledge — Nicolas (“Nick”) Garcia, Senior Policy Counsel
SL DeBarros Law Firm, LLC — Sivonnia DeBarros
Recording Industry Association of America (RIAA) — Thomas Clees, Senior Vice-President, Federal Public Policy
Engine Advocacy and Foundation — Jill Crosby, Policy Analyst
Business Software Alliance — Joseph Whitlock, Director, Policy
Re:Create Coalition — Brandon Butler, Executive Director
Policy Bandwidth — Jonathan Band

4 - 4:05 p.m. | Closing remarks

Jeffrey Martin, Trademark Attorney, USPTO Office of Policy and International Affairs

Additional information

For more information, contact Lakeshia Harley in the USPTO’s Office of Policy and International Affairs.

Accessibility accommodation

If you are an individual with a disability and would like to request a reasonable accommodation, please submit your request to the contact information listed above.

Other upcoming events

Public roundtable: AI and protections for use of an individual’s name, image, likeness, or reputation

Video and transcript

Agenda

Additional information

Accessibility accommodation