Content creators often think of themselves as entertainers, marketers, or entrepreneurs, but legally, you’re also running a business. Your name, voice, and image can have significant commercial value, and without the right protections in place, it’s surprisingly easy to lose control of your identity in the age of AI.
Deepfakes and voice clones can place your face and words into advertisements, endorsements, or content you never approved. Recently, scammers used Al Roker’s image in a deepfake video falsely promoting a hypertension cure. Oprah Winfrey has also been digitally impersonated in fake videos endorsing weight-loss products she never supported.
Below are several ways content creators, public figures, and influencers can better protect themselves:
Brand deals often include language that sounds routine but carries significant consequences. Terms like “perpetual,” “irrevocable,” “sublicensable,” and “all media now known or later developed” can give a company broad rights to use your likeness indefinitely, across virtually any platform or format, including AI-generated content.
Including carve-outs such as “excluding AI-generated or synthetic representations of creator” can make a significant difference. A sunset clause limiting the duration of the license is also worth negotiating.
Meanwhile, operating under your personal name can expose your personal assets if a dispute arises. Forming an LLC helps create a legal separation between you and your business. It can also help establish that your content, brand, and likeness are business assets with defined ownership. If your name or brand has commercial value, consider registering it as a trademark.
If you discover unauthorized AI-generated content using your likeness, document it immediately by saving screenshots, links, and timestamps. Depending on the circumstances, you may be able to submit a DMCA takedown notice, report the content directly through the platform, or pursue other legal remedies. Most major platforms now provide reporting tools specifically for impersonation or synthetic media.
Don’t wait. The law imposes deadlines for many claims, and delaying action after discovering an infringement can weaken your ability to enforce your rights later.
If you create content with a partner or spouse, it’s also wise to have a written agreement addressing ownership of shared accounts, revenue streams, and content rights if the relationship ends.
AI has significantly changed the risk landscape for creators, and many standard contracts were drafted before these issues became common. Addressing these risks proactively is far easier than trying to fix them after the fact.
This article is for informational purposes only and does not constitute legal advice.