How AI Misuse of Likeness Impacts Celebrities, Influencers, and Everyday Individuals
Artificial Intelligence (AI) is transforming industries, but it also raises serious legal issues—particularly when it involves the unauthorized use of someone’s name, image, or likeness. While celebrities have led the charge in suing for AI misuse, this issue applies to influencers, professionals, and even private individuals. At Borderless Counsel, we specialize in protecting intellectual property and privacy rights, helping clients navigate these evolving challenges.
The Growing Problem of AI Misuse
AI tools can generate lifelike images, videos, and voiceovers, making it easier than ever to create unauthorized content. This misuse can range from:
· AI-generated ads showing a public figure endorsing a product they’ve never supported.
· Deepfake videos falsely placing someone in controversial or harmful situations.
· Merchandise or promotions using names, photos, or likenesses without consent.
This isn’t just a celebrity issue. Influencers, business professionals, and even private individuals are vulnerable if their likeness is used without authorization.
High-Profile Cases of AI Misuse
1. Scarlett Johansson
The Hollywood star successfully sued a company that used an AI-generated version of her in an advertisement without her consent. This case highlights how AI-generated content can infringe on an individual’s right of publicity, leading to significant damages.
2. Tom Cruise Deepfakes
Deepfake videos of Tom Cruise performing various stunts went viral, raising concerns about the ethical and legal implications of using a celebrity's image without consent. While these deepfakes were initially for entertainment, they sparked discussions about how such content could mislead audiences or harm reputations.
3. Influencer AI Misuse
Many influencers have reported AI-generated content featuring their likeness without permission. In one case, an AI company used photos from an influencer’s Instagram profile to train a model, creating ads with her image. This unauthorized use breached both copyright and privacy laws.
4. Deepfake Extortion Cases
Private individuals have also fallen victim to deepfakes used for blackmail or harassment. These cases often involve defamation claims or lawsuits for emotional distress.
Legal Protections Against AI Misuse
Whether you’re a celebrity, influencer, or private individual, the law offers several avenues for recourse:
1. Right of Publicity
Applies to anyone whose name, image, or likeness is used for commercial purposes without consent.
2. Copyright Claims
Photos, videos, and voice recordings are often copyrighted. Using these without permission for AI training or content violates copyright law.
3. Trademark Infringement
Many influencers trademark their names or logos. Unauthorized AI use of these can lead to infringement claims.
4. Defamation and Emotional Distress
False or misleading AI-generated content that harms reputation or causes distress can result in legal action.
What Can Businesses Learn?
· Businesses using AI must tread carefully to avoid legal pitfalls:
· Obtain Consent: Always secure written permission when using someone’s likeness, even in AI-generated content.
· Audit Datasets: Ensure training datasets don’t include copyrighted or unauthorized materials.
· Understand the Risks: Misusing someone’s likeness—even unintentionally—can lead to costly lawsuits.
How Borderless Counsel Can Help
At Borderless Counsel, we specialize in:
· Filing lawsuits for AI misuse of likeness or intellectual property.
· Advising influencers and businesses on protecting their rights and ensuring compliance.
· Drafting contracts that safeguard your image, name, or intellectual property.
As AI continues to grow, protecting your rights is more important than ever. If you’ve been affected by unauthorized AI content—or want to ensure your business is legally compliant—contact us at www.borderlesscounsel.com.
Let’s navigate the future of AI together.
Your image. Your rights. Protected by Borderless Counsel.