Business Advice and Financial Planning

Imagine reaching a high level of success, only to discover years later that a video is circulating of you sharing a deeply personal medical struggle — except you never said those words. The video looks and sounds just like you, but it’s completely fake. You’ve become the target of a deepfake — a manipulated, AI-generated video designed to mimic your voice and appearance so convincingly that even close friends or fans might be fooled.

This was the reality for Al Roker, the longtime TV personality, who found himself featured in a deepfake video falsely promoting a cure for hypertension. He’s not alone. Media icon Oprah Winfrey has also been digitally impersonated in fake videos endorsing weight loss pills — something she has publicly denounced and never supported.

Why Monitoring AI as an Entertainer Matters

From actors to influencers, anyone with a public brand is at risk of being digitally replicated. Today, AI can copy your voice, image, or performance — often without asking for your permission. This is more than a tech problem. It’s a legal and financial issue that could cost you your brand, your audience’s trust, and even your income.

This pamphlet offers a plain-language guide to understanding your rights, protecting yourself, and taking action if your likeness or voice is misused.

1. Contracts: Build Protection in From the Start

A contract is a legally binding agreement — and it’s your first line of defense against misuse of your brand, voice, image, or likeness. If you’re working with a brand, production company, or team, make sure your contracts specifically address AI, including the uses of AI and its permitted uses and on which platforms will be used to cultivate AI.

Why It Matters:

Contracts matter because without clear terms, someone could create an AI version of your voice or face and use it in ads, shows, or other content without asking you — and get paid for it. You may be saying, “well, that’s not fair” and you’re right. That’s why protection should be the first step in this new age of technological innovation.

Here Are 4 Tips to Protect Yourself With a Contract:

1. Ask your lawyer to include language that says your permission is required before anyone can make or use an AI version of you.
2. Make sure you know where your contract is enforceable — this is called the jurisdiction clause, and it can affect your ability to sue or stop misuse.
3. Pay attention to approval rights — this means you must sign off before anything AI-related is published or released.
4. Be aware of AI platforms that you use as many software platforms have full access, right, and control over the information and imagery that you post. Have your lawyer review those terms and conditions before you decide to create on those platforms.

2. Licensing Agencies: Your First Line of Defense

A licensing agency helps you make money from your image, name, or work by giving others permission to use it — for a price. Think: sneaker endorsements, ad campaigns, or NIL (Name, Image, and Likeness) deals for athletes.

Why This Matters for You:

This is important because not all agencies are created equal. Some keep up with AI-related risks; others don’t. If your licensing team isn’t watching out for unauthorized AI uses, your brand could be misused without you even knowing.

Tips to Protect Yourself:

1. Ask your agency what steps they take to track AI misuse before engaging in any deal.
2. Make sure your contract with them says they must notify you if your image or voice is used without permission.
3. Choose licensing representatives who understand today’s digital risks — not just yesterday’s licensing model.
4. Have a lawyer issue takedown notices on platforms where others misuse your likeness, image, brand, or voice.

3. Social Media: Your Brand, Your Boundaries

Most people don’t realize that content posted on social media can be scraped by AI tools to “train” models. That means your voice, face, or dance could be copied and used in something you never approved. Scary, right?

Here’s Why It Matters:

Once your image or voice is out there, it can spread fast — and that includes unauthorized versions. Protecting your content on social media is now just as important as managing your finances or reputation. Below are tips on how you can do this.

3 Tips to Protect Yourself on Social Media:

1. Use watermarking or copyright notices when posting high-quality video or sound clips.
2. Report AI-deepfake versions of you immediately to Instagram, TikTok, YouTube, or X (formerly Twitter) through takedown notices.
3. Explore platform tools like Meta’s Rights Manager to help you track and remove unauthorized content.

4. Finances: Protecting Your Revenue Streams

Your voice, image, and name are more than personal traits — they’re financial and legal assets. Unauthorized AI versions of you can steal attention, traffic, and even advertising dollars that should be going to straight to you.

Here’s Why It Matters:

If someone uses your likeness to promote a product without your authorization, they might be making money off your reputation. That means you could be missing out on deals or royalties you deserve. As such, this hits at your potential financial bottom line and could also damage your brand’s reputation and goodwill in the long run if the infringer engages in conduct that distorts or diminishes the value that you’ve created within your market.

Here’s How to Protect Yourself:

1. Talk with your financial advisor or agent about monitoring how your brand is being used.
2. Consider tracking tools or services that alert you when content featuring your likeness appears online. A free and good tool is Google Alert.
3. If you lose a deal due to an AI version of you being used instead, speak to an attorney about potential compensation for brand infringement.

5. Intellectual Property: Your Legal Shield

Intellectual Property (IP) refers to creations of the mind — like your name, logo, photos, videos, songs, or even your unique voice or style. These things can be legally protected so no one else can use them without permission.

Here’s Why It Matters:

If someone uses an AI-generated version of your voice or image without your authorization, it’s not just unfair — it might be illegal. But to fight back, you often need to prove that your image or work is legally protected. Below are ways that you can protect your work so that you have an exclusive right in promoting your legal interests against infringers.

Tips to Protect Yourself:

1. Trademark your name, nickname, logo, or catchphrases — this prevents others from using them to sell products associated with your names. Beware: your names, logos, or catchphrases must be connected to a product or service that you provide within the marketplace in order for it to be legally protected.
2. Copyright original content like songs, videos, performances, or written work, for example, that can be protected by Copyright laws.
3. Look into biometric protections if available in your state — these can cover voice, face scans, and more. Illinois’ biometric rule is the Biometric Information Privacy Act which gives private individuals the right to sue any company that swipes their biometric data without consent. Remember the Facebook Biometric Scandal? It was all over the news. That case yielded a $650 million settlement because Facebook used photo tagging which violated consumer rules.
4. Add copyright notices and use metadata tools to tag and track your content.

Quick Definitions:

• Trademark = protects names, slogans, or logos used in commerce.
• Copyright = protects original creative works (music, videos, writings, art, dance steps, etc.).

6. Enforcement: Taking Action When Lines Are Crossed

Enforcement means stepping in when someone crosses the line. If an AI version of you is used without permission — whether it’s in a video, ad, song, or social media post — you have the right to take action, including issuing demands or filing a lawsuit to stop the action that’s causing you harm and likely diluting your brand reputation and value.

Why Enforcement Matters:

If you don’t enforce your rights, others may think it’s okay to keep using your likeness, possibly damaging your brand or stealing your earnings. It’s not just about today — it’s about protecting your future reputation and revenue – your legacy. And, let’s be honest, it will be hard to argue later that you did not authorize such misuse if you knew or should have known about it and waited a long time to enforce your rights against it.

Instead of Waiting, Here Are 4 Tips to Protect Yourself During the Enforcement Phase:

1. Save proof of any infringement that you find, such as screenshots, web links, and timestamps of the unauthorized use.
2. Send a DMCA takedown (Digital Millennium Copyright Act) notice if the content violates copyright law.
3. Reach out to the platform (YouTube, Instagram, etc.) to report the content.
4. Contact a lawyer with experience in entertainment or IP law to assess your options.

Another reason you do not want to wait to enforce your rights is because the law gives you a specified window to file those claims. Below is a list of potential legal claims that you may be able to file if you find that your brand, voice, image, or likeness has been misused or infringed in any way:

• Right of Publicity: protects your image, name, and voice from being used without consent at the state level.
• Copyright Infringement: if someone uses your creative work without permission you may have a legal right against them at the state or federal level.
• False Endorsement: when it seems like you’re promoting something you’re not which violates the Federal Trade Commission rules and can result in federal lawsuits.
• Unjust Enrichment: when someone profits off your likeness unfairly.
• Trademark Infringement: if someone uses a registered brand name, logo, or catchphrase that is legally protected by the United States Patent and Trademark Office and you have not authorized such use, you may have a claim at the federal level against that person or company for the misuse.

Next Steps: Don’t Wait Until It Happens to You.

Technology is evolving faster than the law — but that doesn’t mean you’re powerless. Whether you’re just starting your career or already well- known, your voice, image, and creative  work are valuable. And when AI enters the picture, protecting those assets becomes even more important.

The best time to prepare is before something goes wrong. Talk to an attorney who understands entertainment law, intellectual property, and AI-related risks. A knowledgeable lawyer can help you:

1. Review and update your contracts
2. Register trademarks or copyrights
3. Monitor for misuse of your image or voice
4. Take legal action if your rights are violated

Your brand is your business — make sure you’re protecting it like one.

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Prepared by the Illinois State Bar Association's Sports and Entertainment Law (2025)