Journal of Intellectual Property Law
Abstract
The rapid rise of artificial intelligence(AI)in music creation has sparked concern over how the rights of artists can remain adequately protected from unauthorized uses of their voices, likeliness, and stylistic elements. A popular proposed solution to this complex problem is the creation of a federal right of publicity. Proponents of this solution stress that it would provide artists with a unified legal framework to better protect the commercialized use of their identity.
This paper argues that a federal right of publicity is neither necessary nor the most efficient solution to address the challenges posed by AI music. A federal right of publicity risks stifling innovation while introducing overlapping legal claims. Preexisting legal doctrines within copyright and trademark law already offer robust tools to protect artists from this type of harm. By leveraging these frameworks, courts can adapt to the evolving role of AI in music, without overregulating.
Recommended Citation
Ashley L. Burgess,
Unplugging the Federal Right of Publicity: Why Existing Laws Can Protect Artists Without a Federal Right of Publicity,
33
J. Intell. Prop. L.
223
(2026).
Available at:
https://digitalcommons.law.uga.edu/jipl/vol33/iss1/7