Virtual Influencers: Current Landscape & Key Legal Considerations

Fenwick intellectual property partner Andrew Klungness spoke with about some of the emerging legal issues related to virtual humans – both lifelike “digital avatars” of real people, as well as computer-generated “virtual influencers.”

In particular, Klungness discussed the risks of infringement of a celebrity’s rights of publicity and running afoul of consumer protection law, including a law recently passed in California requiring that “bots” be identified where influencing a purchasing or voting decision.

Klungness, who has worked on deals involving celebrities licensing the creation of their digital avatars and other matters involving virtual humans, told that he sees such matters becoming more common as well-known personalities look to capitalize on their fame.

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