The juiciest IP license I've ever seen. Broader than Meta's. Read on.
Backstory: I was in Chicago for the National Association of Women Lawyers. For lunch, we hit the iconic burger place Au Cheval in the West Loop.
Walking in, I spotted this crazy sign by the door β¦
By stepping inside the restaurant, you say yes to the restaurant's:
1οΈβ£ use of your image "in any publication or work in any media or format throughout the world" for promotional "or other purposes",
2οΈβ£ "irrevocable, perpetual, and royalty-free right to use, re-use, copy, publish, republish ... edit, add to, modify, and rearrange any photograph or video taken of you",
3οΈβ£ "right to use and deal with [your pics and videos] in any manner β¦ without compensation", and
4οΈβ£ waiving your legal claims related to any use.
Phew!
So, in our new AI world, what can Au Cheval do? Is this bad?
Hm. Here's a non-exhaustive list of what this "walk-through" license allows them to do:
π Deepfake Endorsements: Hello videos of you eating burgers, championing political causes, shilling real estate, or modeling lingerie.
πΊ AI Avatars: Oh, look it's you, starring in Au Cheval's or its partners' ads, social media posts, or as a holographic virtual waiter.
π₯ VR Characters: Strangers can βdineβ with your double and order extra avocado from you in, say, Roblox or Meta VR.
And it gets worse!
π§βπ¬ The restaurant can even use your biometric data under this license.
Au Cheval could argue they have consent β in the form of your walking in, having seen the sign β to sell your data to third parties to train their AI systems and beyond. They could say the process meets the consent prong under Illinois law - BIPA, the Biometric Information Privacy Act.
π« Phew!
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π€ Tech transactions friends - what do we think? Good license draft? Would you go broader? lol. Tessa Schwartz Jordan Hinkes Laurel Palluzi Gal Eschet Rebecca Ballew Mark Vega - CIPP/US Robert Kohse Paul Jahn
π Privacy friends - enforceable? Eulonda Skyles Jackie Wilkosz Ryan Loh Nicole Schiereck Ariana Goodell Madeline Zamoyski Phil Strauss Chloe Ghoogassian
π³ Foodie friends - have you tried the burger? It's delicious. Fried egg. Brioche bun. Rich AF. Recommend.
π PS - A huge shoutout to Ora Sheinson Maria Di Lorenzo Jennifer Hamilton (Koger) for hosting me at NAWL for an AI session. Amazing org, trip, and energy.
ποΈ PPS - the skyscraper in the pic is the St. Regis, the tallest building in the world designed by a woman. It's beautiful.
π€ PPPS - attaching and linking GC AI's analysis in thread. Spoiler: GC AI says this sign overreaches. Understatement!
#Licensing #IP #ProductCounsel #AI #DeepFakes #TechTransactions
