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Not necessarily. David Guetta’s 2023 performance of an AI-generated Eminem-style vocal does not establish that voice deepfakes are categorically legal—or illegal. The answer depends on the jurisdiction, how the voice was created and used, and which rights or agreements apply. The U.S. Copyright Office later described legal protections for digital replicas as incomplete and inconsistent, so the 2023 headline’s suggestion that the stunt was “totally legal” should not be treated as a current legal ruling.
What happened at David Guetta’s show?
In a report published February 12, 2023, New Atlas recounted Guetta describing how he used one AI site to draft lyrics in Eminem’s style and another to recreate the rapper’s voice. Guetta then played the resulting snippet during a live performance. The report described it as an AI-generated Eminem-style vocal, not an official Eminem recording or endorsement. New Atlas’s account of the performance is a contemporaneous report, not a court finding or an account from Eminem.
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New Atlas also reported that Guetta said he would not release the clip commercially. That statement describes his reported intention; on its own, it does not determine whether a live performance or any other use was lawful. The report said there had been no public response from Eminem at the time it was published, which should not be read as an update on his current position.
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No. A single reported performance cannot establish a general legal rule. The 2023 article’s headline was a journalistic characterization of the episode, not a ruling by a court or an authoritative legal determination.
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In its July 31, 2024 report on digital replicas, the U.S. Copyright Office said existing protections had gaps and varied across states. Some states lack publicity or privacy rights; some laws do not protect voices, or protect only voices that are distinctive, well-known, or commercially valuable. State publicity laws also commonly focus on advertising, merchandise, or other commercial uses. The Office recommended that Congress create federal protection against the knowing distribution of unauthorized digital replicas. Read the Copyright Office’s Part 1 digital-replicas report for its analysis.
That varied legal landscape does not settle whether Guetta’s particular performance violated a law. A legal assessment may turn on where the use occurred, whether it was commercial or expressive, how the replica was distributed, and which rights or agreements apply. The available official analysis does not provide a case-specific ruling on the performance.
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What does the NO FAKES Act status mean?
The Copyright Office’s legislative index lists H.R. 8915 and S. 4591, the NO FAKES Act of 2026, as introduced on May 20, 2026, under proposals in the 119th Congress. The entry does not list the measures as enacted. Accordingly, the cited record supports describing the Act as a proposal, not as a law in force. See the Copyright Office legislative developments index for its proposal and enacted categories. Legislative status can change.
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Why voice rights and copyright in AI output are different questions
Whether an AI-generated performance can itself be copyrighted is separate from whether imitating someone’s voice infringes a right of publicity, violates a contract, or gives rise to another claim. In a January 29, 2025 announcement about the Copyright Office’s report on copyrightability, Register of Copyrights and Director Shira Perlmutter said: “Where that creativity is expressed through the use of AI systems, it continues to enjoy protection. Extending protection to material whose expressive elements are determined by a machine, however, would undermine rather than further the constitutional goals of copyright.” That statement addresses human creativity and copyright protection for AI-related material; it does not resolve claims over a person’s voice or identity. See the Copyright Office announcement.
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It is also important not to assume that generating a voice resemblance means a real master recording was sampled. The 2023 report does not establish the voice model’s training provenance or resolve the law governing its training. Rights in sound recordings and musical compositions, identity or publicity interests, contracts, and event or platform rules are distinct issues; the facts about one do not automatically answer the others.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What to consider when assessing another AI voice use
There is no one-size-fits-all answer. The relevant questions include:
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- Where did it happen? Laws governing voice, identity, privacy, and publicity differ by jurisdiction.
- What was the use? A live performance, an advertisement, merchandise, and a widely distributed recording may raise different issues.
- Was an actual recording used? A simulated voice does not, by itself, prove that copyrighted master audio was sampled.
- How was it shared? Distribution can matter separately from creating or performing a replica.
- What rights or agreements apply? Copyright in a composition or recording, publicity or identity rights, contracts, and event or platform rules should be considered separately.
These questions help frame the issue; they do not substitute for advice about a particular use. The sources cited here do not establish a definitive legal answer for every fact pattern or jurisdiction.
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