In an article published by Law360, Laurel Salisbury discusses how existing IP frameworks struggle to address the unique attributes of AI‑generated avatars used in customer engagement. The piece explores copyright, trademark, and publicity‑rights challenges created by highly variable, machine‑generated digital agents. It also outlines practical steps companies should take to secure protectable rights and manage data‑privacy obligations when deploying AI tools.
Read the full article on Law360 (subscription may be required).
Key Takeaways
- Assess whether exclusive ownership of avatar appearance is important before choosing between human‑created or AI‑generated designs.
- Use human designers to create distinctive, fixed visual elements if copyright or trademark protection is desired.
- Rely on company branding to signal source when using generic or variable AI‑generated avatars.
- Secure exclusive rights to customer‑interaction data collected by AI agents in third‑party agreements.
- Structure AI programs to comply with applicable privacy laws governing the collection and use of customer information.
