The Infernal Deepfake Influencer Imitation

The unauthorized use of artificial intelligence, or AI, to clone or duplicate a celebrity’s likeness, particularly their voice or image, often called a deepfake or digital replica, has led to a rapid but fragmented legal response. Because no single federal statute directly addresses this issue yet, the legal battle is being fought primarily under state-level right of publicity laws.

Tennessee, home to many entertainers, enacted that wonderfully named ELVIS Act, which is short for the Ensuring Likeness, Voice, and Image Security Act, which updated its right of publicity law to protect an individual’s voice from unauthorized AI simulation. Similarly, California has passed new legislation aimed at protecting digital likenesses of performers.

Federally, legislation like the proposed No Fakes Act has been introduced in Congress to create a national harmonized federal right of publicity that specifically covers digital replicas. In the courts, claims often combine state right of publicity laws with federal Lanham Act claims for false endorsement or passing off and breach of contract, highlighting that for now, the strongest protections are found in state statutes and precisely drafted contracts.

Here’s a key takeaway.

Do not let a contract give the brand or the influencer the power to tarnish the goodwill you’ve built into your personal brand or business brand. Ensure any use of your name, likeness, or voice is strictly limited to the agreed-upon campaign and that your right to protect your reputation is preserved. Make sure there are explicit provisions about the use of AI to replicate your image, voice, etc.

Navigating brand partnerships doesn’t have to be terrifying. If you’re a small business or hiring a marketing team or agency or using influencer marketing, or if you’re a creative entrepreneur signing your first or your 20th brand deal, remember this.

The horror contracts are usually the ones you sign without having a thorough review.

Having an attorney review these clauses, specifically the IP ownership, disclosure, indemnity, and right of publicity sections, is an investment that protects the commercial value of everything you’ve worked hard to create and makes it clear who has the rights to what going forward. Whether you’re the creator or the brand, it’s important to spend the time and money to make sure the contracts give you the proper protection, because the contracts are often the only thing standing between a profitable collaboration and a legal nightmare.