State Law IP Protections and the ELVIS Act: State vs Federal IP rights, and protections of the right of publicity for individual voices

Session I – State-Level Intellectual Property Protections: Key concepts and practices - Patrick Twisdale

This session is designed for legal professionals seeking to deepen their understanding of intellectual property protections under state law. This session provides a comprehensive view of state law trademarks, exploring common law trademark protections and the unique considerations involved in registering a trademark with a state. Participants will also delve into trade secrets, discussing the Uniform Trade Secrets Act and its application in the states. Additionally, we will explore the right of publicity, examining how various states recognize and enforce this right. Through practical examples and case studies, attendees will gain valuable insights into the key concepts and practices that shape state-level intellectual property protections.

Key Topics

• Difference between Federal and State Intellectual Property Rights
• State Trademarks – Common Law versus Statutory Protection
• Trade Secrets – Protecting Corporate Secrets
• Right of Publicity – Protecting your image and likeness

Session II – ELVIS has Entered the Building: What the ELVIS Act means for AI and the Right of Publicity - Andrew Coffman

On July 1, 2024, the ELVIS Act went into effect in Tennessee. The ELVIS Act protects the right of publicity of individual voices. Tennessee adopted the Act to protect one of its biggest industries, recorded music. This session will cover what the ELVIS Act teaches us about the future of legislation regulating the intersection of AI and the Right of Publicity. We will cover national trends in protecting voice through right of publicity laws; how Tennessee’s new Elvis Act differs from those traditional protections; and what the ELVIS Act’s narrowing of the fair use defense means for broadcasters.

Key Topics

• Right of Publicity Laws Protection of Voices
• The Voice Protections Provided by the ELVIS Act
• Fair use defenses to Right of Publicity Claims Generally and under the ELVIS Act
• Risks for Broadcasters because of the ELVIS Act’s Narrowing of Fair Use Defenses

Closed-captioning available