Law inspired by Elis Regina controversy has gaps, says expert Bill on image rights advances in discussion focused on new technologies and could be improved in Congress Deep fake of Elis Regina in advertisement (Youtube/Reproduction) In the face of the controversial Volkswagen commercial with singer Elis Regina, who appears generated by artificial intelligence (AI) 41 years after her death, the legislature is moving to adapt image rights to the new technological reality. A bill presented last week by Senator Rodrigo Cunha (Podemos-AL) seeks to regulate the issue, but has significant gaps to overcome, as pointed out by Mariana Valverde, a partner at Moreau Valverde Advogados and an intellectual property specialist. The text establishes that the image of a deceased person generated by artificial intelligence can only be used with express authorization in life or, failing that, with the authorization of heirs. Today, the decision practically falls to the heirs. The aim is to give more influence over the decision to the person whose image can be portrayed. "The bill, however, allows the heirs to overturn a decision by the deceased, for example, disallowing the use of the image even if the deceased had allowed it," says Mariana, exposing a loophole in the regulation. The bill has only eight articles, defines heirs in a somewhat vague way - it puts them as "close relatives" - and is "very simplified", in Mariana's words, but the lawyer sees the initiative as a clear step forward. "The bill is very welcome. It has the merit, for example, of requiring the advertiser to explain that the image of the person is generated by artificial intelligence. It's still in its infancy and will be discussed further. There is reason for optimism," she says. For the time being, the specialist has only provided consultancy on the subject, but says that, with the proliferation of technology, the discussion should soon end up in the country's courts.