How brands can legally use an athlete's likeness in AI ads
A step-by-step guide for brands and agencies that want to use real athletes in AI-generated campaigns without legal risk.
AI lets a brand produce a campaign with a real athlete in days instead of months. Without permission it also creates legal, reputational and platform risk. Here is how to do it properly.
1. Get a licence, not just a talent fee
A traditional endorsement contract may not cover AI-generated content. Make sure the agreement explicitly covers digital replicas, voice models, the media, territory and term.
2. Check existing rights
Clubs, leagues, unions and existing sponsors may control part of an athlete's image, kit, logos or category. Category exclusivity matters: if the athlete has a sportswear deal, a rival brand cannot use them.
3. Use approved inputs only
Generation should run on approved reference material and scripts, never scraped images or fan uploads.
4. Get approval on every output
The athlete or their representative should approve each final asset before it runs.
5. Label it
Mark AI-generated content clearly. The EU AI Act requires deepfakes to be disclosed, and major platforms have their own labelling rules.
6. Keep an audit trail
Store who approved what, when, and on which terms. It protects the brand if a use is questioned later.
How Valaritas handles this
On Valaritas, brands submit a brief, rights are checked, the athlete approves, generation runs on approved inputs, outputs are labelled and logged, and payment flows to the athlete first.
Frequently asked questions
Can I use an AI-generated lookalike instead of the real athlete?
A lookalike designed to evoke a specific athlete can still create false-endorsement and right-of-publicity claims. Licensing the real athlete is safer.
Do I need the club's permission too?
If the content shows club kit, crests or sponsors, usually yes. A rights check should flag this.