Protecting Creative Style in the Age of AI: Copyright, Publicity Rights, and the “Vibe” Problem

This session explores the fundamental distinction between protectable creative expression and unprotectable elements like style, aesthetic, and look-and-feel. Using cases like the ‘sad beige’ influencer lawsuit, we examine why copyright protects specific works but not vibes, tropes, or general creative approaches.

When copyright falls short, publicity rights and Name, Image, and Likeness laws offer alternative protection routes. This session examines how these frameworks address AI-generated replicas of celebrity voices and styles, including the implications of the fake Drake song precedent.

State-level protections create a patchwork of publicity rights and false endorsement claims with inconsistent coverage across jurisdictions. We explore how trademark law provides limited reach through false advertising and unfair competition doctrines, while identifying the gaps in federal protection.

The Copyright Office’s three-part analysis addresses AI-generated works, human authorship requirements, and the training problem. This session examines fair use implications, the Warhol decision’s fractured use analysis, and why courts cannot keep pace with rapidly evolving AI technology.

New federal legislation is needed to address digital replicas, deep fakes, and style appropriation beyond copyright’s reach. We examine the No Fakes Act, No AI Fraud Act, and the unprecedented intersection of creator protection with national security considerations.

Practical strategies for creators navigating the current legal landscape include registration, monitoring, and multi-layered protection approaches. This session covers documentation practices, emerging settlement opportunities like the Anthropic case, and engaging with rapidly evolving legal developments.