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

Overview: 

Protecting Creative Style in the Age of AI: Copyright, Publicity Rights, and the “Vibe” Problem is a 2-hour course that examines how artificial intelligence is reshaping creative expression and the legal frameworks that govern it. As AI becomes embedded in content creation, this session explores the boundaries of copyright protection, the implications of using AI-generated or AI-assisted works, and whether emerging concepts like a creative “vibe” can be legally protected. Participants will gain clarity on how traditional intellectual property laws apply-or struggle to apply-in this rapidly evolving landscape.

The course also addresses critical issues such as the right of publicity in the context of deepfakes, the risks associated with AI systems trained on protected works, and the legal responsibilities of creators using these tools. Through real-world examples, including emerging cases around aesthetic replication, attendees will better understand the legal exposure and protections tied to modern creative processes. Designed for creators and attorneys in the intellectual property and entertainment fields, this session provides a practical overview of the intersection between AI technology and legal rights.

New technology brings new legal questions.  Can you copyright a vibe? Are there legal protections for individuals used in deep fakes?  What happens to legal protections when AI is part of the creative process?  If an AI system uses protected works without permission, is there legal exposure for parties using that AI to create new works?  Is there a legal obligation to label works created with AI?  The class will address the intersection of AI technology and creative expression.

Course Objective: 

• Understand how AI is transforming copyright law and creative ownership 
• Examine legal protections for AI-generated and AI-assisted works 
• Analyze risks related to unauthorized use of protected content by AI systems 
• Explore the concept of protecting creative “style” or “vibe” 
• Evaluate publicity rights in the context of deepfakes and digital likeness 
• Identify legal exposure for creators using AI tools 
• Assess evolving legal responsibilities, including disclosure of AI use 
• Understand how AI is changing public interaction with creative content
• To explore the new issues which result from the integration of AI into the creative process and the evolution of how the public interacts with and consumes 

Target Audience: 

• Intellectual Property Attorneys 
• Entertainment Attorneys 
• Media Law Attorneys 
• Technology / AI Law Attorneys 
• In-House Counsel (media, entertainment, tech companies) 
• Litigation Attorneys (IP and rights-based disputes) 
• Privacy & Data Protection Attorneys 
• Cyberlaw Attorneys 
• Law Students (IP / Entertainment / Technology law focus)

Basic Knowledge:

• Basic understanding of intellectual property law concepts (copyright and related rights) 
• Familiarity with creative industries (media, entertainment, or digital content) preferred 
• General awareness of artificial intelligence tools and their use in content creation 
• No advanced technical or programming knowledge required