Right of publicity and AI: how US law protects athletes from deepfakes
A plain-English overview of right-of-publicity, false endorsement, the ELVIS Act and the proposed NO FAKES Act, and what they mean for athletes and brands.
In the US there is no single federal law that gives athletes control over their likeness. Protection comes from a patchwork, and AI is testing every piece of it. This is a general overview, not legal advice.
Right of publicity
Most US states recognise a right of publicity: the right to control commercial use of your name, image, likeness and, in some states, voice. California, New York and Tennessee have some of the best-known statutes. Using an athlete in an ad without permission can breach it, whether the image is a photo or AI-generated.
False endorsement
Under the federal Lanham Act, implying that an athlete endorses a product when they do not can be false endorsement. A convincing AI video of an athlete holding a product is exactly that risk.
The ELVIS Act
Tennessee's ELVIS Act, passed in 2024, expressly extends likeness protection to a person's voice and targets AI tools used to clone voices without permission.
The NO FAKES Act
Members of Congress have proposed the NO FAKES Act to create a federal right over digital replicas of a person's voice and visual likeness. It has not become law, but it shows where policy is heading.
What this means in practice
- For brands: get a licence that covers AI and digital replicas specifically.
- For athletes: keep a record of what you have and have not authorised.
- For platforms: labelling and audit trails make it easier to show a use is legitimate.
Frequently asked questions
Is it illegal to make an AI deepfake of an athlete?
Non-commercial parody and news can be protected speech. Commercial use without permission can breach state publicity laws and federal false-endorsement law.
Does right of publicity cover voice?
In several states, yes, and Tennessee's ELVIS Act explicitly covers AI voice cloning.