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Start free trial →Decoder with Nilay Patel · Tech Strategy & Big Tech · November 2026
Patel described scrolling Instagram past endless AI deepfakes of celebrities and asked who even has a legal claim. Glazier gives the legal answer and explains why the music industry backed the NO FAKES Act.
…want a solution and what we're trying to do is sort of like, you know, make good trouble, that's okay. There's nothing wrong with that. That's a good thing. It can lead to good results. But if we want some, if we're trying to get to here, we better figure out a path, a realistic path to get there.
…can see I'm just spiraling. Like I watched one video, eight seconds of Darth Vader doing a Drake song. And I thought, I don't even know where to begin. Is it Disney who gets to be the angriest or is it Drake or is it someone in the middle? Can you, can you help me just organize my thoughts here?
So first of all, I'm so glad you're bringing this up because we have, we literally over the past three years have been dealing exactly with this. Because believe it or not, and it's so bizarre to think about, like none of us right now has a right to our own voice or likeness under federal law. Most of us don't even have it under state law. State law, which is called right of publicity, usually only applies to advertising or endorsements, right? Like I couldn't take your face and put it on a Weedies box without asking you because I'm selling it and making money with, and I'm basically using your popularity to do so. Those are very limited rights. Now we're in the world of deep fakes where everybody can do anything and make you say or do something you never said, you never did, and that you might not approve of. And we don't have…
Can I just stop liability? Hold on. This is why it's a nightmare hypothetical, right? A long-standing trope at the verge started by our former colleague, Sarah Jong, is that copyright law is the only functional law on the internet. Because the only thing, the only way you actually really want to…
Great. So this is why it took three years and it's still and it's still and it's still going on because what you're saying is, first of all, you need to learn from the experience with the DMCA, right? It is the precedent we have and there are there are obviously problems on both sides. You need to…
much closer to trademark than to copyright, but still an intellectual property right because that is, as you said, sort of the functional way of balancing that against the First Amendment. Like if you have an intellectual property right, you are allowed to remove it despite, you know, somebody's…