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

Patrick Twisdale | King Law Offices, PC

Patrick Twisdale is a Junior Partner at King Law Offices, PC with his practice primarily focused on trademarks, copyrights, patents and trade secrets. He is licensed to practice in the states of North Carolina, South Carolina, and Tennessee and is registered to prosecute patents before the United States Patent and Trademark Office. He regularly assists clients throughout the United States on their intellectual property rights.

Andrew Coffman | Phelps Dunbar LLP

Andrew Coffman is a commercial litigator at Phelps Dunbar LLP in Tupelo, Mississippi. He advocates for clients primarily in copyright, trademark, trade secret, technology, and advertising disputes. Before joining Phelps, Andrew was the inaugural National Center for Justice and the Rule of Law Fellow, where he studied the intersection of existing law and the internet. He served as a law clerk to the Honorable Michael P. Mills in the Northern District of Mississippi. Andrew is chair of the American Bar Association’s Copyright Litigation and Copyright and Social Media Committees. He is a member of the ABA’s ad hoc committee on generative artificial intelligence and intellectual property protection. He serves as a Vice Chair of the Mississippi Bar’s Intellectual Property Section Executive Committee and is a member of the Bar’s the Technology and Law Practice Committee. Andrew is an active member of the Media Law Resource Center’s Defense Counsel Section.

Session I – State-Level Intellectual Property Protections: Key concepts and practices | 2:00pm – 3:00pm

• 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

Break | 3:00pm – 3:10pm

Session II – Elvis has Entered the Building: What the ELVIS Act means for AI and the Right of Publicity | 3:10pm – 4:10pm

• 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