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Short answer: In the United States, an athlete may be able to control or be paid for a company’s commercial use of an AI-generated face, body, voice, or other recognizable identity feature through state right-of-publicity law and contracts. Those rights are not automatic, nationwide, or unlimited. The outcome depends on the athlete’s state, the purpose of the use, recognizability, existing licenses, and the exact contract language. A news report, documentary, parody, or commentary may receive stronger speech protection than a paid advertisement. A nonconsensual intimate deepfake is handled under a different, narrowly defined federal law.
Do not confuse identity rights with copyright. The person depicted does not automatically own the copyright in every photograph or AI image, and copyright ownership does not by itself authorize commercial use of someone’s likeness.
What an athlete’s rights usually cover
State right-of-publicity law
The United States has no single, comprehensive federal right of publicity covering every AI depiction. Publicity rights are primarily state-based. Depending on the jurisdiction, a law may protect a person’s name, photograph, likeness, voice, signature, distinctive appearance, or another identifying characteristic when it is used commercially. Definitions, exemptions, duration, postmortem protection, available damages, and procedures differ substantially from state to state.
SAG-AFTRA describes publicity as a state intellectual-property right and explains that consent and compensation are commonly handled through endorsement, merchandise, and other licensing agreements. That description is a framework, not a nationwide rule. A dispute must be analyzed under the law that governs the athlete and the challenged use, which may involve more than one state.
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Contracts can be more specific than statutes
An athlete may have signed agreements with a sponsor, team, league, players’ association, school, agent, photographer, production company, or game publisher. Those agreements can grant or restrict uses of a name, still image, video, voice, body movement, motion capture, or digital replica. A contract may also define the media, territory, term, category exclusivity, approval process, compensation, sublicensing, and what happens after the deal ends.
A broad reference to “likeness” does not automatically transfer every future AI right. Courts look at the language, the negotiated context, and governing law. A clause written before realistic synthetic voices or avatars were common may not answer whether the licensee can train a generative system, create a new performance, or combine the athlete’s face with a fictional body.
Identity rights and copyright are separate questions
Suppose a brand scans an athlete’s authentic photograph and produces a stylized AI poster. There are at least two separate issues: who owns copyright in the source photograph or resulting artwork, and whether the athlete’s identity was used lawfully. A photographer may own copyright in a photograph while the athlete may still object to an unauthorized commercial endorsement. Conversely, an athlete’s permission to use a likeness does not necessarily give the advertiser copyright in a photographer’s image.
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On January 29, 2025, the U.S. Copyright Office said that AI assistance or AI-generated material inside a larger human-created work does not prevent copyright protection for the human-authored elements. It also said the case had not been made for a new copyright covering outputs whose expressive elements are determined by a machine. As Copyright Office Director Shira Perlmutter put it: “Where that creativity is expressed through the use of AI systems, it continues to enjoy protection.” That statement concerns copyrightability, not a personal right to control one’s likeness.
Why the purpose and context of the image matter
There is no universal answer to “Is this AI image legal?” The same synthetic face can produce different legal questions depending on how it is used.
| Situation | Main questions | Why the result can differ |
|---|---|---|
| Paid advertisement using an AI replica | Was the athlete’s identity licensed? Does an existing sponsor have exclusivity? Does the ad imply personal approval? | This is the clearest commercial-publicity and contract issue. |
| Authentic photograph or stylized portrait | Who owns the photograph’s copyright? Was the athlete’s identity used commercially? | Copyright and publicity rights may belong to different people or entities. |
| Game, documentary, biography, news report, parody, or commentary | Is the depiction part of an expressive work, criticism, satire, or newsworthy report? | First Amendment and related expressive-use defenses may apply, depending on the work and jurisdiction. |
| Fake image suggesting an endorsement | Did the athlete authorize the message? Could viewers reasonably believe the athlete supports the product? | Publicity rights and consumer-deception or advertising-disclosure rules are separate analyses. |
| Nonconsensual intimate AI deepfake | Is it an identifiable intimate visual depiction covered by federal law, and was it intentionally disclosed without consent? | The TAKE IT DOWN Act creates a focused notice-and-removal framework; it is not a general takedown law for ordinary AI advertising. |
Speech protections matter. An unauthorized depiction is not automatically unlawful merely because the athlete dislikes it. The facts, the work’s expressive purpose, commercial exploitation, and the governing state’s tests all matter.
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Can a company use your AI-generated likeness in an advertisement?
Start by treating the proposed ad as a licensing question, not as a question about who pressed the “generate” button.
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- Locate every relevant agreement. Review endorsement, team, league, school, union, agent, photography, production, game, and social-media contracts. Search for terms such as name, image, likeness, voice, digital replica, synthetic media, artificial intelligence, training, derivative work, approval, sublicensing, and publicity.
- Check the scope. Note the licensed purpose, product category, media, territory, term, exclusivity, compensation, and any requirement that the athlete personally perform or approve the message.
- Ask whether the use is actually commercial. A paid product advertisement is different from editorial coverage, a documentary, a biography, a game depiction, parody, or criticism. A post can be commercial even when it appears on a social platform rather than on television.
- Check for implied endorsement. A realistic replica saying “I use this product” can mislead viewers even if the advertiser labels it “AI.” Ask whether a reasonable audience would believe the athlete participated, approved the claim, or received compensation.
- Determine the governing law and parties. The athlete’s residence, the advertiser’s location, where the ad ran, the contract’s choice-of-law clause, and the forum can all affect the analysis. A national campaign may create exposure in several states.
- Preserve evidence before requesting changes. Capture URLs, screenshots, ad IDs, publication times, account names, disclosures, and copies of the creative. This information can be important in negotiations or a legal proceeding.
- Get qualified advice before signing or threatening. A sports, entertainment, advertising, or intellectual-property lawyer can interpret the contract and select the appropriate state-law claims. General information cannot determine the remedy in a particular dispute.
Endorsement disclosures and the FTC
The Federal Trade Commission’s endorsement resources and its Endorsement Guides, revised in 2023, address material connections between advertisers and endorsers, including influencer and social-media marketing. If an athlete or another endorser has a relationship that could affect how an audience evaluates the recommendation, the connection may need a clear disclosure.
The FTC material does not announce a blanket rule resolving every AI-generated spokesperson or athlete-replica scenario. It also does not substitute for permission to use an athlete’s identity. In a real campaign, ask two separate questions: who authorized the depiction and endorsement, and has the audience been told about any material connection or the synthetic nature of the presentation when that fact would affect understanding?
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How the TAKE IT DOWN Act handles intimate deepfakes
Public Law 119-12, enacted May 19, 2025, is narrower than many headlines suggest. It addresses intentional disclosure of covered nonconsensual intimate visual depictions and requires covered platforms to provide a notice-and-removal process.
The statute defines a “digital forgery” as an intimate visual depiction of an identifiable individual created through software, machine learning, artificial intelligence, or another technology, including manipulation of an authentic depiction, that is indistinguishable from an authentic depiction when viewed as a whole by a reasonable person. The definition is tied to intimate visual material; it does not cover every realistic AI portrait, advertisement, political image, or sports meme.
What to do when a qualifying intimate deepfake is posted
- Preserve evidence safely. Record the page address, account, date, and platform. Avoid downloading or redistributing intimate material unnecessarily.
- Use the platform’s designated notice channel. Identify the depiction as a covered nonconsensual intimate image or digital forgery and provide the information the platform requests.
- Describe why you are identifiable and why the image is nonconsensual. Keep the statement factual and follow the platform’s form requirements.
- Track the submission. Save the confirmation number, correspondence, and any follow-up deadlines stated by the platform.
- Escalate urgent safety or criminal concerns. Contact local law enforcement or a lawyer when there are threats, extortion, stalking, minors, or immediate danger. The Act’s notice process is not a substitute for emergency assistance.
The Act is not a general request-to-remove statute for all unauthorized commercial AI depictions. An ordinary advertisement may require a contract demand, publicity-rights claim, advertising complaint, platform policy report, or court order instead.
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Special rules and risks for college athletes
College-athlete name, image, and likeness rights depend on the athlete’s status and the applicable association, state law, school policy, and contract. On April 1, 2025, the NCAA described a consent judgment involving Tennessee, New York, Florida, Virginia, and the District of Columbia. According to that notice, prospective and transferring student-athletes may discuss, negotiate, and enter contracts for commercial NIL opportunities with third parties before enrolling at a Division I NCAA institution, when the opportunity pays them to promote or endorse goods or services available to the general public.
The same NCAA notice says the judgment does not authorize compensation for athletic performance, athletic achievement, or work that has not and will never be performed; those categories remained prohibited under the rules described in the notice. The announcement is a dated account of a particular consent judgment, not a complete statement of every current college-sports rule or every school’s policy. A student-athlete should obtain current, sport-specific advice before allowing an AI replica in a campaign.
Contract terms athletes should negotiate
Use the following as review prompts rather than assuming that one “AI clause” works everywhere.
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|---|---|
| Identity material | Does the grant cover still images, video, voice, body motion, biometric scans, performance capture, or a digital replica? |
| Purpose and outputs | May the licensee make advertisements, games, social posts, virtual appearances, merchandise, or training data? May it create new words or performances? |
| Editing and combination | Can the athlete’s face or voice be altered, combined with another body, translated, or placed in fictional situations? |
| Control | Does the athlete receive prior approval, notice, brand-safety protections, disclosure of synthetic media, or an audit right? |
| Business limits | What products, territories, media, term, exclusivity, minimum payment, residuals, and sublicensing rights apply? |
| End of the deal | What happens to models, files, ads, archives, training data, and copies after expiration, termination, injury, retirement, or death? |
| Other rights holders | Does a team, league, school, union, agent, photographer, or prior sponsor own or restrict part of the proposed use? |
Clear drafting can prevent disputes over whether permission to use a photograph also permits voice cloning, whether a campaign can continue after termination, and whether a licensee can sublicense a replica to an advertising partner.
Practical decision guide
- Commercial and unauthorized: prioritize the contract, state publicity law, implied-endorsement facts, and preservation of evidence.
- Expressive and newsworthy: analyze First Amendment and state expressive-use defenses before demanding removal.
- Intimate and nonconsensual: determine whether the image fits the TAKE IT DOWN Act’s definitions and use the platform notice process.
- Student-athlete NIL: verify current NCAA, school, state, and deal-specific restrictions; do not assume professional-athlete rules apply.
- Copyright dispute only: identify the human-authored contributions and the photograph or source material’s owner; do not use copyright analysis as a substitute for publicity-rights analysis.
Because state law is not uniform and federal legislation on a general right to control realistic digital replicas has not been enacted, the safest answer is conditional: an athlete may have strong rights against a commercial AI endorsement, but the strength and remedy depend on jurisdiction, consent, contract scope, and context.
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