▲蘇狀師談right of publicity訴訟新趨勢

蘇思鴻 律師
發表時間:2025/10/04 13:15 27 次瀏覽

New Trends in Right of Publicity Lawsuits

1. Expansion Beyond Celebrities擴展至名人以外之人

  • Lawsuits are increasingly targeting companies that use non-celebrity identities—like professionals or influencers—without consent.
    訴訟逐漸針對像專業人士或網紅等,未得其等同意利用無名人身分之公司。

  • Platforms like ZoomInfo and Avvo have faced legal scrutiny for monetizing publicly available profiles.

2. AI and Digital Replication

  • Generative AI tools that mimic voices, faces, or personas are triggering lawsuits.

  • In China, courts have ruled that training AI on a dubber’s voice without consent violates personality rights.

  • In the U.S., there's growing pressure for federal legislation to regulate AI-generated likenesses.

3. Data Aggregation and Teaser Previews

  • Common marketing practices—like showing snippets of personal data to entice subscriptions—are now legally risky.

  • Plaintiffs argue these previews exploit identity for commercial gain without permission.

4. Patchwork of State Laws

  • No federal statute governs the right of publicity, so companies must navigate a maze of state-level protections.

  • States like California and New York have robust laws, but others are catching up fast.

5. Multimillion-Dollar Settlements

  • Recent cases have led to significant payouts, signaling that courts are taking these claims seriously.

  • This raises the stakes for companies relying on identity-based marketing or personalization.
     

    Summary of Emerging Trends

    Trend Description
    Expansion Beyond Celebrities Lawsuits now target use of non-famous individuals’ identities for profit.
    AI and Digital Replication Generative AI tools mimicking voices/faces are sparking legal challenges.
    Data Aggregation & Teaser Previews Using snippets of personal data to lure users is increasingly seen as exploitative.
    Patchwork of State Laws No federal law—companies must navigate inconsistent state-level protections.
    High-Value Settlements Courts are awarding large payouts, raising stakes for identity misuse.

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