Publicity Rights In the Age of AI: How Artists Can Protect Their Name, Image, and Voice

New York State first passed laws protecting a person's name or picture from unauthorized commercial use in 1903. However, the federal case Haelan Laboratories, Inc. v. Topps Chewing Gum, Inc. in 1953 established the "right of publicity" (and a right in the value of his publicity), as law in the United States. Now, in 2026, Generative AI is challenging centuries-old law by making it easier than ever to reproduce an artist's voice, likeness, and persona, and let's face it, steal the monetary value of one's public image.

A few seconds of your audio can allow an AI program to create an identical synthetic voice. Photographs and videos can be manipulated into realistic digital replicas. A celebrity can appear to endorse a product without ever participating in the campaign.

For actors, musicians, influencers, athletes, and other entertainment industry professionals, this raises a fundamental legal question: How can you establish and maintain control of the public use of your image, likeness, and voice when an AI program can reproduce it for commercial purposes?

The Right of Publicity in the Era of AI

In most U.S and international jurisdictions, the right of publicity generally protects an individual's image and likeness from unauthorized commercial exploitation. Depending on the jurisdiction, that protection may extend to a person's name, photograph, likeness, voice, or other identifying characteristics.

Unlike copyright—which protects the commercial value of any original creative expression—the right of publicity specifically protects the commercial value of an individual's image and likeness. The latter protection has historically developed through state statutes and common law, making the applicable jurisdiction critically important both in the United States and internationally. There is no comprehensive federal statute that protects a right-of-publicity, but that might be headed for a change.

AI Has Prompted States Like Tennessee and California To Expand Protections

Tennessee was an early leader in addressing AI-generated identity issues. The state's Ensuring Likeness, Voice, and Image Security Act of 2024—the ELVIS Act— expanded Tennessee's existing publicity protections to expressly include a person's voice. The statute also addresses certain unauthorized uses of voice and likeness and technology designed primarily to produce an individual's photograph, voice, or likeness without authorization.

California's AB 2602, enacted in 2024, places limits on certain agreements that would authorize the creation or use of digital replicas of performers. These protections are particularly significant for actors and other entertainment professionals whose performances can now be digitally reproduced by AI.

The entertainment history of these states is telling. California is located on the West Coast and is the home of Hollywood and the mecca in terms of movies, television studios, modeling agencies, and American Idol. While Tennessee is located in the South and is home to deeply rooted music industry icons such as Nashville, Graceland, Dollywood, and The Grand Ole Opry.

Congress to reconsider whether existing protections are sufficient

Congress is reconsidering the growing concerns regarding unauthorized AI-generated versions of individuals' voices and images. The U.S. Senate Judiciary Committee advanced the NO FAKES Act of 2026. This bipartisan legislation would establish the first federal right of publicity protections against the unauthorized digital reproduction of individuals for commercial use. The legislation is designed to address the knowing distribution of unauthorized digital replicas and would provide a broad federal law rather than dependence on local state law to protect individuals from an internet that has no borders.

The legislative movement by California, Tennessee, and Congress signals an urgency to place limits. This is of major importance to entertainment professionals, artists, and creatives who feel unprotected by the current laws.

Celebrities Have Always Used Trademark Law To Protect And Monetize Their Identity

Violations of trademark is enforced under the Lanham Act, the primary federal statute governing trademark law. Trademarks have traditionally been used to protect distinctive elements of celebrities' identities, such as Michael Jordan (Air Jordan logo), Michael Jackson (gloved and sunglasses), and even Paris Hilton ("That's hot"). For these celebrities, they are no longer individuals; they are a brand. Federal trademark protection serves as a complement to right-of-publicity state rights.

More recently, celebrities like Matthew McConaughey have been granted federal trademark registrations protecting distinctive voice and famous sayings.

Taylor Swift has also been highly successful at securing over 300 federal registrations associated with her name, image, and voice. Several more registrations are still pending.

The strategy is simple: address future AI technology and establish legal protections around the monetary value associated with a celebrity's brand.

Contracts Remain Your First Line of Defense

First, hire a lawyer! For celebrities, artists, photographers, and models, the best time to protect yourself against AI misuse is with a proper written agreement before the work has been performed. If your voice, likeness, or image has commercial value, your agreements should clearly define whether AI-generated reproduction or editing is authorized, what it may be used for, how long the authorization lasts, and what compensation and approval rights apply. A traditional provision granting the right to use a performer's "name, image, and likeness" is simply not sufficient in addressing today's Generative AI world. Agreements for talent, production, endorsement, and licensing should expressly address the following:

• Digital replicas, editing, and reproduction;

• Voice cloning and synthetic voices;

• AI-generated performances;

• Facial likenesses;

• AI training and model development;

• Derivative digital performances;

• Advertising and endorsement uses;

• Approval rights;

• Compensation for AI usage;

• Territory and duration; and

• Reversion rights.

The Trifecta: Copyright, Trademark, Licensing, and Publicity Rights

AI disputes involving publicity rights may implicate multiple areas of intellectual property law. These rights serve different purposes, but a single AI-generated advertisement could potentially implicate all three:

• Right of publicity generally addresses unauthorized exploitation of an individual's image.

• Trademark law can address unauthorized commercial uses that create confusion about brand affiliation, sponsorship, or source.

• Copyright law protects qualifying creative works, such as photographs, recordings, videos, and other original expression.

• Licensing rights require payment and permission to use one's creative works in a strictly defined manner.

For example, an AI-generated advertisement might alter or reproduce a model's photoshoot or imitate an actor's voice, creating the false impression that the performer endorsed the advertised product. When a brand or company hires a model, they pay a fee not just for the model's time, but for a license to use their visual image in the agreed-upon ad campaign.

Depending on the particular arrangement, either the photographer or the client (the brand, company) owns the exclusive copyright to the model's photographs or video from the moment they are created.

A photographer or client cannot legally use a model's image to advertise a product without permission in a signed model release or contract stating they can "use, sell, edit, alter, or repurpose the images."

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Regardless of who owns the copyright, it does not negate the model's right of publicity. The model’s contract should state for how long the images can be used and for what purpose.

The appropriate legal strategy would depend on the specific facts and applicable law.

When You Should Contact Your Lawyer

If you have been alerted that unauthorized AI-generated reproduction of your voice, likeness, or image is being commercialized or appears in a public forum, preserve the evidence by taking a photo or screenshot and save the exact URL. Then contact your attorney, who will issue a DMCA takedown notice.

The Bottom Line

As we've discussed, the law varies by state—and AI continues to evolve—there is no comprehensive law that applies to disputes. Always hire an attorney to review your agreements before performing any work. Insist on provisions addressing AI, including name, image, likeness, voice, digital replicas, and synthetic performances

Once you have been working long enough to have established a portfolio, make a written list of your valuable assets associated with your image. Your professional name, stage name, voice, likeness, logo, catchphrases, and other brand elements all have commercial value.

Contact an attorney to handle your trademark and copyright registrations and to review and negotiate licensing and AI rights before producing any work.

This article is provided for informational purposes only and does not constitute legal advice. Laws concerning artificial intelligence, digital replicas, publicity rights, trademarks, and entertainment contracts are evolving rapidly and vary by jurisdiction. Specific legal questions should be evaluated based on the applicable law and facts.