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    AI Tupac and the murky legality of digital necromancy

    en-usMay 21, 2024

    Podcast Summary

    • Legal questions surrounding AI creations of deceased individualsThe legal landscape for AI creations of deceased individuals is unclear, raising ethical concerns about ownership and control of intellectual property, as seen in the recent case of Drake's 'Taylor Made Freestyle' featuring a synthetic Tupac Shakur verse.

      The use of artificial intelligence to create digital replicas of deceased individuals raises complex legal questions regarding ownership and control of intellectual property. In the recent case of Drake's "Taylor Made Freestyle," which featured a synthetic verse allegedly created using AI to resurrect Tupac Shakur's voice, the late rapper's estate sent a cease and desist letter demanding the song be taken down. The legal landscape surrounding AI creations is murky, and it's unclear whether the law fully supports the rights of individuals or their heirs to control digital replicas of themselves. This issue is not new, as there has long been commercial and artistic demand for reviving Tupac Shakur and other deceased celebrities. As technology advances, it's essential to consider the ethical and legal implications of creating and profiting from digital replicas of individuals who no longer have the ability to give their consent.

    • The legacy of Tupac Shakur pushes boundaries in musicTupac's influence continues to shape music, with debates over AI-generated voices and collaborations with estates raising questions about ownership, authenticity, and the power of art to transcend time.

      The legacy of Tupac Shakur continues to be a subject of fascination and innovation in the music industry, even after his death. From speculation about his possible survival to technological advancements that allow for his virtual resurrection, the boundaries of art, death, and intellectual property are being pushed and redefined. The debate between Drake and Kendrick Lamar's use of Tupac's voice in their music highlights the legal and ethical complexities of these advancements. While Drake's use of an AI-generated replica raises questions about ownership and authenticity, Kendrick's collaboration with Tupac's estate adds a layer of legitimacy to the interaction between the living and the dead in music. The enduring influence of Tupac Shakur serves as a reminder of the power of art to transcend time and challenge our perceptions of reality.

    • Lack of clear federal laws on AI replicas useSenator Tom Tillis proposes No Fakes Act to grant Americans control over use of their image, voice, and likeness in digital form, bringing clarity to this evolving area of law with potential multibillion-dollar implications.

      As we navigate the new world of AI replicas, there is currently a lack of clear federal laws regulating their use. This was highlighted in the controversy surrounding Drake's use of AI Tupac without authorization from the late rapper's estate. The estate may have a case under California state law for violations of voice and likeness rights, as well as potential copyright infringement. The confusion around these issues has led US Senator Tom Tillis and others to propose the No Fakes Act, which would grant Americans a federal digital replication right to control the use of their image, voice, and visual likeness in digital form. This legislation, which is modeled after existing copyright laws, aims to bring greater clarity and control to this evolving area of law, with potential multibillion-dollar implications.

    • Digital replication rights for deceased individuals: First Amendment concernsThe proposed bill raises First Amendment concerns, with debate centered around a 70-year postmortem provision, potential impact on living performers, and the potential for 'dead hand control' over artists' digital replicas.

      That the proposed bill regarding digital replication rights for deceased individuals raises significant First Amendment concerns. The debate revolves around a 70-year postmortem provision, with some arguing it's necessary to protect living performers' livelihoods and others questioning the government's interest in protecting digital replicas after someone's death. The movie industry wants to use AI or CGI versions of dead actors for free, but concerns exist about the impact on living actors and the potential for "dead hand control" over artists' likenesses or voices for 70 years after their death. Some argue that the right should be perpetual, while others suggest a more sensible regulation would give dead artists' estates around 20 years to control their digital replicas. Ultimately, the discussion highlights the complexities and potential implications of extending intellectual property rights postmortem.

    • Union concerns over posthumous commercial use of voice or likenessSAG AFTRA members, like Greg and Adrianne, ponder the ethical implications of using their voice or likeness after death for commercial purposes, with Adrianne comparing it to a detergent endorsement using her rapper name.

      The use of one's voice or likeness after death for commercial purposes is a potential concern for union members in the entertainment industry, such as SAG AFTRA, like Greg and Adrianne. Adrianne expressed some discomfort at the idea, but acknowledged the reality of her relative fame in podcasting, using the analogy of a laundry detergent endorsement with her rapper name "2 pod." The episode was produced by Julia Ritchie, engineered by Josh Newell, fact-checked by Sierra Juarez, and edited by Kickin' Cannon. The sponsors for this episode of NPR's Wild Card podcast were Mint Mobile and Visit Fort Myers. Mint Mobile offers unlimited wireless plans for $15 a month, while Visit Fort Myers encourages listeners to plan family trips to their islands, beaches, and neighborhoods.

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