Marked. - Issue 007
Fresh IP developments on the NO FAKES Act, CBS copyright notices, UMG, and TikTok.
Issue No. 007
May 27, 2026
New York
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The IP Briefing · by ESCA Legal
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| A bipartisan group of lawmakers reintroduced the NO FAKES Act, which would create a federal right covering an individual's voice and visual likeness in digital replicas. The latest version adds a counter-notification process and exclusions for libraries and research institutions. |
| § | The bill would create a federal authorization right for voice and visual likeness uses in digital replicas and other products or services. | | § | The right would be licensable during life and transferable after death for a limited post-mortem term. | | § | The revised version adds process protections for disputed notices and additional exclusions for libraries and research institutions. | | § | Entertainment, music, motion picture, author, and performer organizations have backed federal likeness protection as AI replica disputes grow. |
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| Continue reading → |
| § ESCA Takeaway |
| This issue tracks how identity rights, takedown decisions, and platform licensing rules are being rewritten as entertainment assets move through AI, social platforms, and public controversy. |
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| More IP Stories |
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| § Copyright · Update |
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| CBS removed copyright notices tied to Stephen Colbert's post-Late Show appearance on the Michigan public-access program Only in Monroe. The episode drew attention after clips and full reposts circulated online following Colbert's final CBS broadcast. |
| § | Colbert guest-hosted Only in Monroe one day after ending his 11-year run on The Late Show. | | § | The episode included Jeff Daniels, Steve Buscemi, Jack White, Eminem, and other Michigan-linked guests. | | § | CBS said the episode was financed and produced by CBS Studios and later waived further enforcement while reviewing the situation. | | § | The dispute sits at the intersection of copyright enforcement, platform reposting, and public attention around a departing entertainment personality. |
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Why it matters
Takedown decisions can become the story when they involve a high-profile personality and a culturally charged moment. For brands and media companies, copyright enforcement is not just legal hygiene; it is also audience and reputation management.
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QUICK HITS
| § Music | Universal Music Group and TikTok renewed a licensing agreement that includes commitments to remove unauthorized AI-generated music and improve artist and songwriter attribution. [source] |
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This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
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