Dale Nelson Authors Forbes Article on GenAI, Digital Replicas, and Free Speech
Dale Nelson recently penned a Forbes article investigating the emerging legal questions surrounding the use of AI-generated digital replicas of real individuals in film and media. In the article, “When GenAI Digital Replicas Are Free Speech,” Dale examines how the First Amendment fits into this new creative territory and how lawmakers are trying to keep up.
Dale explains that while some may view the use of digital replicas as unethical or anti-labor, “it is not necessarily illegal,” noting that the First Amendment protects expressive works depicting real people and events, such as biopics, parodies, and docudramas, so long as they do not infringe on defamation or privacy rights.
She points out that only a handful of states—California, New York, Tennessee, Illinois, Louisiana, and Montana—have passed laws addressing digital replicas, and each approaches the issue differently. At the federal level, Dale adds, Congress is considering the proposed “NO FAKES Act,” which aims to establish a unified standard and extend protections to both creators and individuals.