The technology to generate a convincing video of a living person saying or doing something they never said or did is no longer experimental. It is widely available, increasingly accessible, and being used at a scale that existing law has struggled to keep pace with. For public figures — celebrities, athletes, musicians, and executives — the legal landscape around AI-generated content involving their likeness is rapidly evolving, and the stakes are significant.
What AI Deepfakes Are and Why They Create Unique Legal Challenges
A deepfake is a synthetic media product — video, audio, or still image — in which a person’s likeness is generated or manipulated using artificial intelligence, typically through deep learning models trained on existing recordings or images of the target. The name derives from the deep learning technology that powers it.
The legal challenge is that existing frameworks were written for a different era of media manipulation. Traditional doctrines covering defamation, right of publicity, and false light were developed long before a tool capable of generating photorealistic video of any person became available on a consumer laptop.
The result is a patchwork of state laws, federal statutes, and common law doctrines that provide varying levels of protection depending on jurisdiction, the type of content involved, and the identity of the person depicted.
Right of Publicity: The Primary Legal Claim
The right of publicity is the legal right of individuals to control commercial use of their name, image, likeness, and identity. It is recognized in some form in most U.S. states, though the scope varies significantly.
For celebrity AI deepfakes, the right of publicity is the most directly applicable claim. Using a celebrity’s AI-generated likeness to endorse a product, promote a service, or generate commercial content without authorization is a straightforward right of publicity violation in states that recognize the doctrine.
California, which is home to a large share of the entertainment industry, provides particularly strong protections under both statutory law and common law. New York’s statute was recently updated to address AI-generated content specifically. Other states are in various stages of considering or enacting similar updates.
What the Law Currently Does and Does Not Protect
Commercial use without consent. If a deepfake is used to sell a product — including using an AI-generated celebrity endorsement in an advertisement — that is commercial exploitation of likeness without authorization. This creates liability under right of publicity claims in most jurisdictions where the doctrine is recognized.
Sexual or defamatory deepfakes. Non-consensual intimate imagery — including AI-generated content — is addressed by criminal statutes in a growing number of states. Defamatory deepfakes that make false statements of fact about real people create potential liability under defamation law, though the public figure standard under New York Times v. Sullivan requires proof of actual malice.
Satirical and commentary content. The First Amendment provides meaningful protection for parody, satire, and commentary — even when it involves a recognizable public figure. Courts have generally protected expressive works that comment on or criticize a public figure, as long as a reasonable viewer would not mistake the content for genuine statements or actions by that person.
The line between protected commentary and actionable impersonation is not always obvious, particularly when deepfake technology makes fabricated content indistinguishable from authentic recording.
Federal Developments: Where Congress Is Heading
Several pieces of federal legislation addressing AI-generated content and likeness rights have been introduced in recent sessions of Congress. The NO FAKES Act and similar proposals would create federal civil liability for producing or sharing AI-generated replicas of real people without consent, including replicas used in audiovisual works.
As of now, no comprehensive federal legislation has been enacted, leaving right of publicity protection largely a matter of state law. The variation across states creates both enforcement challenges and jurisdictional complexity for affected individuals.
How Public Figures Can Protect Their Likeness
Beyond legal claims, there are proactive steps that public figures — and the teams managing them — can take to strengthen their position.
Document and register. Trademark registrations covering names, stage names, signatures, and distinctive personal marks create additional legal tools beyond right of publicity claims. Several performers have registered trademark protection for their names and associated marks across entertainment and merchandise classes.
Monitor and detect. Services that monitor digital platforms for unauthorized AI-generated content can identify violations early, before they spread widely. Early detection is important because removal becomes more difficult as content proliferates.
Contractual protections. Talent agreements, licensing contracts, and engagement terms can explicitly prohibit AI training on an individual’s likeness or voice, and specify remedies for breach.
Conclusion
AI-generated impersonation is not a hypothetical future problem for public figures — it is a present and growing threat to their identity, commercial value, and reputation. The legal framework is developing, but patchwork protections leave meaningful gaps. Understanding what existing law covers, where it falls short, and how proactive registration and monitoring can supplement legal claims is essential for anyone managing a public persona in the AI era.
