this post was submitted on 28 Jan 2024
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Well, the suit may fail, if the article is accurate, and it was indeed an impression done by a human from a human written script. The intro of the video says it isn't Carlin and that it isn't written by Carlin. So a claim that it's a violation of the estate's rights in some way hinges on it actually being an AI trained on Carlin's material. Otherwise, it's going to fall under the same kind protection that celebrity impersonators do. At least that's what it looks like from back when I was looking into that kind of thing for a book I never wrote.
There's a lot of leeway given to tributes, impressions, etc, as long as there's no deception involved.
I bet they used an AI trained on Carlin's work to create this special, but ~~Lugosi v. Universal Pictures, IMO (IANAL) means Carlin's family will likely lose a suit based on imitating his likeness.~~ Good thing I'm not a lawyer because apparently there's several laws now, starting with the "California Celebrities Rights Act" meaning likeness rights are inherited and good for 70 years.