AI and Your Image: Who Owns Your Likeness?
Artificial intelligence has made it easier than ever to create realistic videos, images, and voices that look and sound like real people. In some cases, individuals discover their face or voice has been used in an AI-generated video they never filmed and never approved. The result can be confusing, invasive, and damaging.
So what does the law say when AI uses your likeness without permission?
Your Likeness Is Legally Protected
In most states, a person’s face, voice, name, and likeness are protected under what is known as the right of publicity. This legal right generally prevents others from using your image or identity for commercial purposes without your consent.
Commercial use can include:
- Advertisements
- Product promotions
- Sponsored social media content
- Marketing videos
- Paid endorsements
If your likeness is used to sell or promote something without permission, that may violate your legal rights.
How AI Complicates the Issue
AI technology has introduced new challenges. Deepfakes and synthetic media can be created using photos, videos, or audio pulled from social media or other public sources. These tools can make it appear as though someone is speaking, endorsing a product, or behaving in ways they never did.
The problem is that the law has not fully caught up with the technology. While traditional right-of-publicity laws still apply, enforcement can be more difficult when content is generated, altered, or distributed rapidly online.
A Real-World Example
In a widely reported case, an actress discovered that her face and voice were being used in AI-generated advertisements for a weight-loss product. She had never endorsed the product and never filmed the content. Her likeness was cloned and used across thousands of online ads.
She pursued legal action and the matter eventually settled, but by that time, the false endorsements had already circulated widely, creating reputational harm that could not be fully undone.
When Is AI Use Illegal?
In most states, using someone’s likeness without permission for commercial gain is unlawful. However, there are gray areas.
AI-generated content may be treated differently if it is:
- Clearly labeled as satire or parody
- Non-commercial or educational
- Artistic expression rather than advertising
The line between lawful and unlawful use often depends on context, purpose, and how the content is presented.
Why Your Digital Footprint Matters
Once images or videos are publicly available online, AI tools can manipulate them in ways that are difficult to control. This makes it more important than ever to be mindful of what you share and where it appears.
Protecting your digital footprint cannot eliminate all risk, but it can reduce exposure and make misuse easier to challenge.
What To Do If Your Likeness Is Misused
If you discover your face, voice, or identity being used in AI-generated content without your consent:
- Preserve evidence immediately
- Avoid engaging publicly before understanding your legal options
- Consult an attorney who understands emerging technology and privacy law
Early legal guidance can help stop further distribution and protect your reputation.
Final Thoughts
AI technology is evolving quickly, and the legal system is working to keep pace. While your rights still exist, enforcing them can be complex when synthetic media is involved. Understanding how the law applies to your likeness is an important step in protecting yourself in the digital age.
If you have questions about AI, digital likeness, or your legal rights, Shane Smith Law is here to help.
Call 980-999-9999 with any AI-related or legal questions.
In pain, call Shane.
