On August 6, 2023, Getting Schooled podcast featured Sharoni Finkelstein, who discussed the differences between the right to privacy and the right to publicity in relation to name, image, and likeness (NIL), the NIL controversy at the center of various college athletics programs, and how technological advancements in artificial intelligence and deepfakes are impacting the way people can protect the use of their personal image.
“So, the right of publicity really refers to the right of people to control the commercial use of their identity,” said Finkelstein. “It's not a right to be left alone. But really to control the commercial value of their identity. It's a form of intellectual property. And so, what you're looking at in this context of right of publicity, is the right to protect the commercial value of your name, image, likeness, your voice, your signature, all these different things that become the identity of an individual,” she said.
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