This presidential election season has heightened concerns about the use of artificial intelligence (AI)-generated content in political ads to mislead voters. With this concern in mind, the Federal Communications Commission (FCC) has proposed rules to mandate disclosure of AI-generated content in political advertisements on media platforms subject to FCC jurisdiction. In its recent Notice of
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AI in Video Games: The Next Big Labor Strike
Fresh off the heels of strikes by both the Screen Actors Guild – American Federation of Television and Radio Artists (SAG-AFTRA) and the Writers Guild of America (WGA) that effectively halted the making of movies and TV shows for much of 2023, Hollywood’s next big labor dispute is brewing.
On July 25, 2024, SAG-AFTRA announced…
The Intricacies of Gaze Tracking: Balancing Personalization and Privacy
In the contemporary digital ecosystem, the lines between personalization and privacy often blur, specifically when involving advanced technologies such as gaze and eye tracking. As we interact with various technologies from smartphones to AR devices, our gaze becomes a valuable metric, one that could enhance user experience but also raise significant privacy concerns.…
Do You Have to Disclose When Your Users Are Interacting With a Bot?
The customer service agent sympathetically responding to your chat messages about a delayed order, the player fiercely competing against you in an online match, the coach sending you motivational messages and workout advice: are these real people you’re interacting with over the internet or bots? Does it matter?
With the recent advances in generative AI,…
District Court Decision Indicates Liability for Erroneous DMCA Takedowns
The U.S. District Court for the Northern District of Illinois found on April 22, 2024, that those submitting copyright takedown notices under the Digital Millennium Copyright Act (DMCA) must consider whether the materials claimed to be infringed were eligible for copyright protection prior to submitting the takedown notices.[1] Failing to make this evaluation—similar to a…
Does Copyright Law Preempt Contractual Provisions Imposing AI-Related Usage Restrictions on Content?
The explosive growth of generative AI has been accompanied by a corresponding growth of contractual provisions addressing generative AI issues.
Website operators in particular are increasingly seeking to use their online terms of service to prohibit the use of content and information hosted on their sites to train AI systems. Disney, for example, recently updated…
Generative AI in Movies and TV: How the 2023 SAG-AFTRA and WGA Contracts Address Generative AI
In the fall of 2023, the Writers Guild of America (WGA) and the Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) each ratified new agreements, amending and building upon their collective bargaining agreements with the Alliance of Motion Picture and Television Producers (AMPTP). The WGA, a union that represents film and TV writers,…
Notes from the Field: NYU Law, Sports Law Association, 13th Annual Sports Law Colloquium
What a great opportunity to speak and learn about today’s hot topics in sports law at New York University, School of Law, Sports Law Association’s 13th Annual Sports Law Colloquium on April 5, 2024. Like Brooklyn Law School’s third annual Sports Law Symposium, Sports Tech: a Sports Lawyer’s Playbook, NYU Law’s Colloquium covered the…
AI-Generated Deepfakes and the Emerging Legal Landscape
As artificial intelligence (AI) technology becomes ubiquitous, news stories regarding the use (and abuse) of deepfakes—that is, AI-generated media used to impersonate real individuals—are increasingly common.
For example, in January, sexually explicit deepfakes of Taylor Swift proliferated on social media, prompting X (formerly Twitter) to temporarily lock all searches for the singer’s name…
CFPB Issues Proposed Open Banking Rule
The Consumer Financial Protection Bureau (CFPB) announced that it was issuing a Notice of Proposed Rulemaking regarding Personal Financial Data Rights on October 19, 2023. The proposed rule (Proposed Rule) would implement section 1033 of the Consumer Financial Protection Act of 2010 (CFPA), which gives consumers the right to access their financial data and authorizes…