Public Roundtable on Protections for Name, Image, Likeness, Other Indicia of Identity, and Reputation, 54442-54444 [2024-14455]

Download as PDF ddrumheller on DSK120RN23PROD with NOTICES1 54442 Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Notices The Committee is composed of 12 members, appointed by the Director of NIST, who were selected for their established records of distinguished service in their professional community, their knowledge of issues affecting NEHRP, and to reflect the wide diversity of technical disciplines, competencies, and communities involved in earthquake hazards reduction. In addition, the Chairperson of the U.S. Geological Survey Scientific Earthquake Studies Advisory Committee serves as an ex-officio member of the Committee. Pursuant to the FACA, as amended, 5 U.S.C. 1001 et seq., notice is hereby given that the ACEHR will meet on the dates and at the times set forth in the DATES section of this notice. The meeting will be open to the public and will be held in-person and via web conference. Interested members of the public will be able to participate in the meeting from remote locations. The primary purpose of this meeting is for the Committee to discuss the NEHRP agency activities presented in June and focus areas for the Committee’s 2025 ACEHR Biennial Report on the Effectiveness of NEHRP. The agenda may change to accommodate Committee business. The final agenda will be posted on the NEHRP website at https:// www.nehrp.gov/committees/ meetings.htm. Individuals and representatives of organizations who would like to offer comments and suggestions related to the Committee’s business are invited to request a place on the agenda. Approximately fifteen minutes will be reserved for public comments and speaking times will be assigned on a first-come, first-serve basis. The amount of time per speaker will be determined by the number of requests received. Questions from the public will not be considered during this period. This meeting will be recorded. Public comments can be provided via email or by web conference attendance. All those wishing to speak must submit their request by email to Tina Faecke at tina.faecke@nist.gov by 5:00 p.m. Eastern Time, July 24, 2024. Speakers who wish to expand upon their oral statements, those who had wished to speak but could not be accommodated on the agenda, and those who were unable to participate are invited to submit written statements electronically by email to tina.faecke@nist.gov. Anyone wishing to attend this meeting via web conference must register by 5:00 p.m. Eastern Time, July 24, 2024, to attend. Please submit your full name, the organization you represent (if applicable), email address, and phone number to Tina Faecke at VerDate Sep<11>2014 20:36 Jun 28, 2024 Jkt 262001 tina.faecke@nist.gov. After preregistering, participants will be provided with instructions on how to join the web conference. Any member of the public wishing to attend this meeting in person must pre-register to be admitted on the NIST campus. Please submit your full name, estimated time of arrival, email address, and phone number to Tina Faecke (tina.faecke@ nist.gov) by 5:00 p.m. Eastern Time, July 24, 2024. Non-U.S. citizens must submit additional information; please contact Tina Faecke. For participants attending in person, please note that federal agencies, including NIST, can only accept a state-issued driver’s license or identification card for access to federal facilities if such license or identification card is issued by a state that is compliant with the REAL ID Act of 2005 (Pub. L. 109–13), or by a state that has an extension for REAL ID compliance. NIST currently accepts other forms of federal-issued identification in lieu of a state-issued driver’s license. For detailed information please email Tina Faecke or visit: https://www.nist.gov/ public_affairs/visitor/. Alicia Chambers, NIST Executive Secretariat. [FR Doc. 2024–14431 Filed 6–28–24; 8:45 am] BILLING CODE 3510–13–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No. PTO–C–2024–0024] Public Roundtable on Protections for Name, Image, Likeness, Other Indicia of Identity, and Reputation United States Patent and Trademark Office, Department of Commerce. ACTION: Notice of public roundtable. AGENCY: The United States Patent and Trademark Office (USPTO) will hold a roundtable to seek public input regarding: whether existing laws protecting an individual’s reputation and existing laws prohibiting unauthorized use of an individual’s name, image, voice, likeness, or other indicia of identity (collectively referred to within this Notice as ‘‘NIL’’) are sufficient given the development and proliferation of artificial intelligence (AI) technology. The USPTO will seek this input to assist in its ongoing work to shape intellectual property (IP) policy, including NIL policy, and to assist in its work related to President Biden’s Executive Order on the Safe, SUMMARY: PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 Secure, and Trustworthy Development and Use of Artificial Intelligence. DATES: The USPTO will hold a public roundtable, titled Protecting NIL, Persona, and Reputation in the Age of Artificial Intelligence, on August 5, 2024. The roundtable will consist of an in-person session and a separate virtual session. Individuals who wish to participate as a speaker at either session of the roundtable must submit a request to the email address below (at the ADDRESSES section of this Notice), and such requests must be received by 11:59 p.m. Eastern Time on July 31, 2024. ADDRESSES: The in-person session of the roundtable will be held at the USPTO’s headquarters, 600 Dulany Street, Alexandria, VA 22314. The virtual session of the roundtable will be conducted using the Webex videoconferencing platform. Requests to participate as a speaker at either session of this roundtable must be submitted via email to NILroundtable@uspto.gov and must be received by the date listed above (at the DATES section of this Notice). Individuals submitting a request to participate must include in their request: their name, professional affiliation, contact information, a clear indication of the roundtable session in which they seek to participate (individuals may participate in either the in-person or virtual session, but not both), and a short—no longer than one page—summary of what they intend to address at the roundtable. Requests to participate as a speaker at the roundtable made in any other format will not be considered. If an email submission of a request to participate as a speaker is not feasible, please contact the USPTO using the contact information below for special instructions. Members of the public interested in viewing the livestream of the roundtable must register using this link: https:// www.uspto.gov/about-us/events/publicroundtable-ai-and-protections-for-useof-individuals-name-image-or-likeness. FOR FURTHER INFORMATION CONTACT: Jeffrey Martin, Trademark AttorneyAdvisor, USPTO, jeffrey.martin@ uspto.gov, 571–272–9300. SUPPLEMENTARY INFORMATION: I. Background To advance its mission, the USPTO monitors and studies emerging technologies, including AI, evaluates whether current IP policies and protocols continue to encourage the development of new creations and technologies without unnecessarily locking up innovation or otherwise E:\FR\FM\01JYN1.SGM 01JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Notices impinging on the rights of others, and analyzes how emerging technologies impact IP rights. The USPTO engages with stakeholders, collaborates with other Federal agencies, and solicits views from the public to conduct this work. As appropriate, the USPTO develops new protocols, guidance, and policies, as well as policy recommendations for the Executive and Legislative Branches of the United States government, that incorporate input received during this process. In June 2022, the USPTO established the Artificial Intelligence and Emerging Technology (AI/ET) Partnership to further elevate its engagement with stakeholders, government agencies, and the public on these issues. For more information on the AI/ET Partnership, visit https://www.uspto.gov/artificialintelligence. The AI/ET Partnership has conducted numerous listening sessions on AI and IP issues, including a symposium in Los Angeles, California in March 2024, on AI’s implications for patent, copyright, and NIL laws and policies. The USPTO, through the Department of Commerce, is also the primary advisor to the President on IP policy matters. On October 30, 2023, President Biden issued the Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence, which is available at https://www.whitehouse.gov/briefingroom/presidential-actions/2023/10/30/ executive-order-on-the-safe-secure-andtrustworthy-development-and-use-ofartificial-intelligence/. This Executive Order, in part, charges the USPTO with providing guidance to stakeholders and recommendations to the President regarding AI’s impact on IP rights. AI technology enables new and efficient ways to create digital media, including images, audio, and video. AI can be used to generate digital media that incorporates individuals’ NIL or impacts individuals’ reputations, with or without appropriate authorization. The unauthorized use of AI-generated NIL content can implicate Federal trademark and copyright laws, as well as state NIL laws. Many state legislatures and courts have either enacted laws or established judicial precedents that protect individuals’ NIL or reputations. In addition, some Federal statutes address certain misuses of NIL or reputation. For example, section 43(a) of the Lanham Act (15 U.S.C. 1125(a)) contains a Federal cause of action that individuals can use to address unauthorized uses of their NIL in certain commercial circumstances. VerDate Sep<11>2014 20:36 Jun 28, 2024 Jkt 262001 II. Roundtable In support of its ongoing work to shape IP policy and evaluate emerging technologies’ implications for IP rights, the USPTO will hold a roundtable to solicit input from the public on whether existing legal protections for individuals’ NIL and reputations are sufficient, how these legal protections intersect with other IP laws, and how AI technology impacts existing legal protections for NIL and reputation. The roundtable will consist of an in-person session and a separate virtual session. Members of the public interested in participating as a speaker at either session of the roundtable must submit such a request to NILroundtable@ uspto.gov and provide their name, professional affiliation, contact information, a clear indication of the roundtable session in which they seek to participate (individuals may participate in either the in-person or virtual session, but not both), and a short—no longer than one page— summary of what they intend to address at the roundtable. Such requests must be submitted by the dates listed above (at the DATES section of this Notice). The USPTO will make every effort to accommodate requests to speak at the roundtable, subject to time limitations. The roundtable will be livestreamed. The USPTO will post additional information about the roundtable, including a tentative agenda and instructions for members of the public to register to view the livestream, at https://www.uspto.gov/about-us/events/ public-roundtable-ai-and-protectionsfor-use-of-individuals-name-image-orlikeness. The USPTO will also record and transcribe the roundtable and will make available copies of the recording and transcript on the USPTO website at https://www.uspto.gov/about-us/events/ public-roundtable-ai-and-protectionsfor-use-of-individuals-name-image-orlikeness. The USPTO welcomes remarks from roundtable speakers on any issues relevant to the subject matter of this roundtable and is particularly interested in the following questions. 1. How does the use of unauthorized NIL content harm individuals? Does AI technology exacerbate the creation and use of unauthorized NIL content and harm to individuals? If so, how? 2. How can AI be used as a legitimate and constructive tool in circumstances where individuals grant permission to a third party to use their NIL? 3. Do technological mechanisms or protocols currently exist to identify AIgenerated NIL content, to prevent or PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 54443 deter unauthorized AI-generated NIL content, or to remove unauthorized AIgenerated NIL content after it has been released? What other types of mechanisms or protocols exist, or should exist, to identify AI-generated NIL content or address unauthorized NIL content? 4. Currently, NIL is primarily protected via state law. In addition, some Federal statutes also address certain misuses of NIL. For example, the Lanham Act includes a provision—15 U.S.C. 1125(a)—that can be used to bring a Federal cause of action in certain circumstances involving NIL misuse. Are current legal protections for NIL rights sufficient? Why or why not? 5. There have been calls for a new Federal law to address unauthorized use of NIL content, including content generated by AI. Should Congress create a new Federal law to protect NIL? If so: (a) Should current state NIL laws, such as state right of publicity laws, be preempted if a new Federal NIL law is enacted? (b) What key elements should be incorporated in a new Federal NIL law? (c) Should any new Federal NIL law protect against all unauthorized replicas of an individual’s NIL or focus on unauthorized AI-generated replicas? (d) Some state laws addressing NIL protect only well-known individuals. Likewise, many Federal circuit courts require a showing, among other elements, that a plaintiff is famous or recognizable by the public in order to succeed on a claim under 15 U.S.C. 1125(a). Should this requirement of fame or recognizability be included in a new Federal law protecting NIL rights? Why or why not? (e) Should a new Federal law prohibit non-commercial uses of unauthorized NIL content, such as political deep fakes and revenge pornography? (f) What types of enforcement mechanisms should be included in any new Federal NIL law? (g) What elements should be included in a new Federal NIL law to help ensure it does not become obsolete due to rapid changes in AI technology? (h) Section 230 of the Communications Decency Act states: ‘‘No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.’’ Section 230 also expressly provides that ‘‘[n]othing in this section shall be construed to limit or expand any law pertaining to intellectual property.’’ Should any new Federal NIL law be considered an ‘‘intellectual property law’’ for purposes E:\FR\FM\01JYN1.SGM 01JYN1 54444 Federal Register / Vol. 89, No. 126 / Monday, July 1, 2024 / Notices of Section 230 of the Communications Decency Act? (i) How should Congress address First Amendment considerations in any new Federal NIL law? (j) Should any new Federal NIL law be incorporated into the Lanham Act? 6. What limits, if any, should be placed on the voluntary transfer of rights concerning NIL to a third party? For example, should there be limits on the duration of such transfers? 7. Questions 1–6 above relate to individuals’ NIL. How should these questions be answered in the context of individuals’ and creators’ reputations? Katherine K. Vidal, Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. [FR Doc. 2024–14455 Filed 6–28–24; 8:45 am] BILLING CODE 3510–16–P DEPARTMENT OF DEFENSE Department of the Air Force Notice of Federal Advisory Committee Meeting Board of Visitors of the U.S. Air Force Academy, Department of the Air Force. ACTION: Notice of Federal advisory committee meeting. SUMMARY: The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the Board of Visitors (BoV) of the U.S. Air Force Academy (USAFA) will take place. DATES: Open to the public Wednesday, July 17, 2024 from approximately 8:00 a.m. to 4:00 p.m. (Mountain Time). ADDRESSES: The meeting will occur at the U.S. Air Force Academy, Colorado Springs, Colorado, as well as virtually. Members of the public will only be allowed to attend the meeting virtually. The link for the virtual meeting can be found at: https://www.usafa.edu/about/ bov/ and will be active approximately thirty minutes before the start of the meeting. FOR FURTHER INFORMATION CONTACT: Designated Federal Officer: Mr. Anthony R. McDonald, bov@ afacademy.af.edu, 1660 Air Force Pentagon, Washington, DC 20330–1660. Alternate Designated Federal Officer: Mr. James M. Wilmer, bov@ afacademy.af.edu, 2304 Cadet Drive, Suite 3200, USAF Academy, CO 80840– 5025. USAFA BoV website: https:// www.usafa.edu/about/bov/. Contains information on the Board of Visitors, ddrumheller on DSK120RN23PROD with NOTICES1 AGENCY: VerDate Sep<11>2014 20:36 Jun 28, 2024 Jkt 262001 link to the virtual meeting, and approved meeting agenda. This meeting is being held under the provisions of the Federal Advisory Committee Act (FACA) (5 U.S.C. 1001 et seq.), the Government in the Sunshine Act (5 U.S.C. 552b), and 41 CFR 102– 3.140 and 102–3.150. Purpose of the Meeting: In accordance with 10 U.S.C. 9455(e)(1), the BoV shall inquire into the morale, discipline, social climate, curriculum, instruction, physical equipment, fiscal affairs, academic methods, and other matters relating to the Academy that the Board decides to consider. Written Statements: Any member of the public wishing to provide input to the Board of Visitors of the U.S. Air Force Academy should submit a written statement in accordance with 41 CFR 102–3.105(j) and 102–3.140 and section 1009(a)(3) of FACA. The public or interested organizations may submit written comments or statements to the Board about its mission and/or the topics to be addressed in the open sessions of this public meeting. Written comments or statements should be submitted to the Alternate Designated Federal Officer via electronic mail, at the email address listed in the FOR FURTHER INFORMATION CONTACT section in the following formats: Adobe Acrobat and/or Microsoft Word. The comment or statement must include the author’s name, title, affiliation, address, and daytime telephone number. Written comments or statements being submitted in response to the agenda set forth in this notice must be received at least five (5) business days prior to the meeting so they may be made available to the BoV Chairman for consideration prior to the meeting. Written comments or statements received after July, 9 2024, may not be provided to the BoV until its next meeting. Please note that because the BoV operates under FACA, all written comments will be treated as public documents and will be made available for public inspection. SUPPLEMENTARY INFORMATION: Tommy W. Lee, Acting Air Force Federal Register Liaison Officer. [FR Doc. 2024–14451 Filed 6–28–24; 8:45 am] BILLING CODE 3911–44–P PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Inland Waterways Users Board Meeting Notice Department of the Army, U.S. Army Corps of Engineers, DoD. ACTION: Notice of open Federal advisory committee meeting. AGENCY: The Department of the Army is publishing this notice to announce the Federal advisory committee meeting of the U.S. Army Corps of Engineers, Inland Waterways Users Board (Board). This meeting is open to the public. For additional information about the Board, please visit the committee’s website at https://www.iwr.usace.army.mil/ Missions/Navigation/Inland-WaterwaysUsers-Board/. DATES: The Army Corps of Engineers, Inland Waterways Users Board will conduct a meeting from 9:00 a.m. to 2:00 p.m. CDT on August 1, 2024. ADDRESSES: The Inland Waterways Users Board meeting will be conducted at the St. Charles Convention Center, Grand Ballroom D, One Convention Center Plaza, St. Charles, MO 63303. The online virtual portion of the Inland Waterways Users Board meeting can be accessed at https://usace1.webex.com/ meet/ndc.nav, Public Call-in: USA TollFree 844–800–2712, USA Caller Paid/ International Toll: 1–669–234–1177 Access Code: 199 117 3596, Security Code 1234. FOR FURTHER INFORMATION CONTACT: Mr. Paul D. Clouse, the Designated Federal Officer (DFO) for the committee, in writing at the Institute for Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR–NDC, 7701 Telegraph Road, Casey Building (Room H221), Alexandria, VA 22315–3868; by telephone at 202–768–3157; or by email at Paul.D.Clouse@usace.army.mil. Alternatively, contact Mr. Steven D. Riley, an Alternate Designated Federal Officer (ADFO), in writing at the Institute for Water Resources, U.S. Army Corps of Engineers, ATTN: CEIWR– NDC, 7701 Telegraph Road, Casey Building, Alexandria, VA 22315–3868; by telephone at 703–659–3097; or by email at Steven.D.Riley@usace.army.mil. SUPPLEMENTARY INFORMATION: This committee meeting is being held under the provisions of chapter 10 of title 5, United States Code (U.S.C.) (commonly known as the ‘‘Federal Advisory Committee Act’’ or ‘‘FACA’’), section 552b of title 5, U.S.C. (commonly known as the ‘‘Government in the Sunshine Act’’), and sections 102–3.140 SUMMARY: E:\FR\FM\01JYN1.SGM 01JYN1

Agencies

[Federal Register Volume 89, Number 126 (Monday, July 1, 2024)]
[Notices]
[Pages 54442-54444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14455]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

Patent and Trademark Office

[Docket No. PTO-C-2024-0024]


Public Roundtable on Protections for Name, Image, Likeness, Other 
Indicia of Identity, and Reputation

AGENCY: United States Patent and Trademark Office, Department of 
Commerce.

ACTION: Notice of public roundtable.

-----------------------------------------------------------------------

SUMMARY: The United States Patent and Trademark Office (USPTO) will 
hold a roundtable to seek public input regarding: whether existing laws 
protecting an individual's reputation and existing laws prohibiting 
unauthorized use of an individual's name, image, voice, likeness, or 
other indicia of identity (collectively referred to within this Notice 
as ``NIL'') are sufficient given the development and proliferation of 
artificial intelligence (AI) technology. The USPTO will seek this input 
to assist in its ongoing work to shape intellectual property (IP) 
policy, including NIL policy, and to assist in its work related to 
President Biden's Executive Order on the Safe, Secure, and Trustworthy 
Development and Use of Artificial Intelligence.

DATES: The USPTO will hold a public roundtable, titled Protecting NIL, 
Persona, and Reputation in the Age of Artificial Intelligence, on 
August 5, 2024. The roundtable will consist of an in-person session and 
a separate virtual session. Individuals who wish to participate as a 
speaker at either session of the roundtable must submit a request to 
the email address below (at the ADDRESSES section of this Notice), and 
such requests must be received by 11:59 p.m. Eastern Time on July 31, 
2024.

ADDRESSES: The in-person session of the roundtable will be held at the 
USPTO's headquarters, 600 Dulany Street, Alexandria, VA 22314. The 
virtual session of the roundtable will be conducted using the Webex 
videoconferencing platform. Requests to participate as a speaker at 
either session of this roundtable must be submitted via email to 
[email protected] and must be received by the date listed above 
(at the DATES section of this Notice).
    Individuals submitting a request to participate must include in 
their request: their name, professional affiliation, contact 
information, a clear indication of the roundtable session in which they 
seek to participate (individuals may participate in either the in-
person or virtual session, but not both), and a short--no longer than 
one page--summary of what they intend to address at the roundtable. 
Requests to participate as a speaker at the roundtable made in any 
other format will not be considered. If an email submission of a 
request to participate as a speaker is not feasible, please contact the 
USPTO using the contact information below for special instructions.
    Members of the public interested in viewing the livestream of the 
roundtable must register using this link: https://www.uspto.gov/about-us/events/public-roundtable-ai-and-protections-for-use-of-individuals-name-image-or-likeness.

FOR FURTHER INFORMATION CONTACT: Jeffrey Martin, Trademark Attorney-
Advisor, USPTO, [email protected], 571-272-9300.

SUPPLEMENTARY INFORMATION:

I. Background

    To advance its mission, the USPTO monitors and studies emerging 
technologies, including AI, evaluates whether current IP policies and 
protocols continue to encourage the development of new creations and 
technologies without unnecessarily locking up innovation or otherwise

[[Page 54443]]

impinging on the rights of others, and analyzes how emerging 
technologies impact IP rights. The USPTO engages with stakeholders, 
collaborates with other Federal agencies, and solicits views from the 
public to conduct this work. As appropriate, the USPTO develops new 
protocols, guidance, and policies, as well as policy recommendations 
for the Executive and Legislative Branches of the United States 
government, that incorporate input received during this process.
    In June 2022, the USPTO established the Artificial Intelligence and 
Emerging Technology (AI/ET) Partnership to further elevate its 
engagement with stakeholders, government agencies, and the public on 
these issues. For more information on the AI/ET Partnership, visit 
https://www.uspto.gov/artificial-intelligence. The AI/ET Partnership 
has conducted numerous listening sessions on AI and IP issues, 
including a symposium in Los Angeles, California in March 2024, on AI's 
implications for patent, copyright, and NIL laws and policies.
    The USPTO, through the Department of Commerce, is also the primary 
advisor to the President on IP policy matters. On October 30, 2023, 
President Biden issued the Executive Order on the Safe, Secure, and 
Trustworthy Development and Use of Artificial Intelligence, which is 
available at https://www.whitehouse.gov/briefing-room/presidential-actions/2023/10/30/executive-order-on-the-safe-secure-and-trustworthy-development-and-use-of-artificial-intelligence/. This Executive Order, 
in part, charges the USPTO with providing guidance to stakeholders and 
recommendations to the President regarding AI's impact on IP rights.
    AI technology enables new and efficient ways to create digital 
media, including images, audio, and video. AI can be used to generate 
digital media that incorporates individuals' NIL or impacts 
individuals' reputations, with or without appropriate authorization. 
The unauthorized use of AI-generated NIL content can implicate Federal 
trademark and copyright laws, as well as state NIL laws.
    Many state legislatures and courts have either enacted laws or 
established judicial precedents that protect individuals' NIL or 
reputations. In addition, some Federal statutes address certain misuses 
of NIL or reputation. For example, section 43(a) of the Lanham Act (15 
U.S.C. 1125(a)) contains a Federal cause of action that individuals can 
use to address unauthorized uses of their NIL in certain commercial 
circumstances.

II. Roundtable

    In support of its ongoing work to shape IP policy and evaluate 
emerging technologies' implications for IP rights, the USPTO will hold 
a roundtable to solicit input from the public on whether existing legal 
protections for individuals' NIL and reputations are sufficient, how 
these legal protections intersect with other IP laws, and how AI 
technology impacts existing legal protections for NIL and reputation. 
The roundtable will consist of an in-person session and a separate 
virtual session.
    Members of the public interested in participating as a speaker at 
either session of the roundtable must submit such a request to 
[email protected] and provide their name, professional 
affiliation, contact information, a clear indication of the roundtable 
session in which they seek to participate (individuals may participate 
in either the in-person or virtual session, but not both), and a 
short--no longer than one page--summary of what they intend to address 
at the roundtable. Such requests must be submitted by the dates listed 
above (at the DATES section of this Notice). The USPTO will make every 
effort to accommodate requests to speak at the roundtable, subject to 
time limitations.
    The roundtable will be livestreamed. The USPTO will post additional 
information about the roundtable, including a tentative agenda and 
instructions for members of the public to register to view the 
livestream, at https://www.uspto.gov/about-us/events/public-roundtable-ai-and-protections-for-use-of-individuals-name-image-or-likeness.
    The USPTO will also record and transcribe the roundtable and will 
make available copies of the recording and transcript on the USPTO 
website at https://www.uspto.gov/about-us/events/public-roundtable-ai-and-protections-for-use-of-individuals-name-image-or-likeness.
    The USPTO welcomes remarks from roundtable speakers on any issues 
relevant to the subject matter of this roundtable and is particularly 
interested in the following questions.
    1. How does the use of unauthorized NIL content harm individuals? 
Does AI technology exacerbate the creation and use of unauthorized NIL 
content and harm to individuals? If so, how?
    2. How can AI be used as a legitimate and constructive tool in 
circumstances where individuals grant permission to a third party to 
use their NIL?
    3. Do technological mechanisms or protocols currently exist to 
identify AI-generated NIL content, to prevent or deter unauthorized AI-
generated NIL content, or to remove unauthorized AI-generated NIL 
content after it has been released? What other types of mechanisms or 
protocols exist, or should exist, to identify AI-generated NIL content 
or address unauthorized NIL content?
    4. Currently, NIL is primarily protected via state law. In 
addition, some Federal statutes also address certain misuses of NIL. 
For example, the Lanham Act includes a provision--15 U.S.C. 1125(a)--
that can be used to bring a Federal cause of action in certain 
circumstances involving NIL misuse. Are current legal protections for 
NIL rights sufficient? Why or why not?
    5. There have been calls for a new Federal law to address 
unauthorized use of NIL content, including content generated by AI. 
Should Congress create a new Federal law to protect NIL? If so:
    (a) Should current state NIL laws, such as state right of publicity 
laws, be preempted if a new Federal NIL law is enacted?
    (b) What key elements should be incorporated in a new Federal NIL 
law?
    (c) Should any new Federal NIL law protect against all unauthorized 
replicas of an individual's NIL or focus on unauthorized AI-generated 
replicas?
    (d) Some state laws addressing NIL protect only well-known 
individuals. Likewise, many Federal circuit courts require a showing, 
among other elements, that a plaintiff is famous or recognizable by the 
public in order to succeed on a claim under 15 U.S.C. 1125(a). Should 
this requirement of fame or recognizability be included in a new 
Federal law protecting NIL rights? Why or why not?
    (e) Should a new Federal law prohibit non-commercial uses of 
unauthorized NIL content, such as political deep fakes and revenge 
pornography?
    (f) What types of enforcement mechanisms should be included in any 
new Federal NIL law?
    (g) What elements should be included in a new Federal NIL law to 
help ensure it does not become obsolete due to rapid changes in AI 
technology?
    (h) Section 230 of the Communications Decency Act states: ``No 
provider or user of an interactive computer service shall be treated as 
the publisher or speaker of any information provided by another 
information content provider.'' Section 230 also expressly provides 
that ``[n]othing in this section shall be construed to limit or expand 
any law pertaining to intellectual property.'' Should any new Federal 
NIL law be considered an ``intellectual property law'' for purposes

[[Page 54444]]

of Section 230 of the Communications Decency Act?
    (i) How should Congress address First Amendment considerations in 
any new Federal NIL law?
    (j) Should any new Federal NIL law be incorporated into the Lanham 
Act?
    6. What limits, if any, should be placed on the voluntary transfer 
of rights concerning NIL to a third party? For example, should there be 
limits on the duration of such transfers?
    7. Questions 1-6 above relate to individuals' NIL. How should these 
questions be answered in the context of individuals' and creators' 
reputations?

Katherine K. Vidal,
Under Secretary of Commerce for Intellectual Property and Director of 
the United States Patent and Trademark Office.
[FR Doc. 2024-14455 Filed 6-28-24; 8:45 am]
BILLING CODE 3510-16-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.