Concern 856 · Working draft · editorial review in progress
Right of publicity/likeness
Rights in a person's likeness concern whether others may use an AI imitation of their face, voice or identity without permission.
Understanding the concern
A digital replica can make someone appear to say or do something they never agreed to. The harm may involve lost income, a false endorsement, humiliation or loss of control over one's identity. This differs from copyright: a person may object to an imitation even if they do not own the recording used to make it.
Protections depend on the place, purpose and circumstances of use. Publicity, privacy, fraud and other laws may overlap, while news, satire or expression can raise competing interests. Imagine finding your voice in a commercial you never recorded. The question includes whether permission covered this use, not just whether someone once agreed to be recorded.
An example
A synthetic voice resembling a local teacher appears in an advertisement without the teacher's permission.
Illustrative unless identified as a documented case.
Words in plain English
- AI
- Software that learns patterns from examples or uses rules to perform tasks such as recognizing images or generating text. It can make mistakes and does not understand every situation as a person would.
Evidence and its limits
The US Copyright Office report describes gaps and recommends protections; recommendations are not themselves enacted law. This is not a claim that every imitation is prohibited.
U.S. Copyright Office · July 2024 · Official policy report
Copyright and Artificial Intelligence, Part 1: Digital Replicas ↗ (opens in a new tab)Examines voice and likeness protections and proposes policy changes. Recommendations must not be described as enacted law.
Broader frameworks and background
These resources provide context. They do not establish every claim in this concern.
- EU AI Act — high-level summary (opens in a new tab)
regulation
- Council of Europe AI Convention (opens in a new tab)
regulation
- International humanitarian law (IHL)
framework
The body of law that governs the conduct of armed conflict and the protection of people who are not fighting, which applies to AI used in or for conflict.
A question to discuss
Whose identity is being used, what did they agree to, and could viewers mistake the imitation for a real endorsement?
Keep track of different views, what needs checking, and any next step in your own discussion notes.
Open discussion notes →Principles for the conversation
Before you finish · reflect together
Virtues and principles to consider
Virtues are qualities we practice in how we treat people and make choices. They are not scores for judging someone. Use these ideas to explore what a thoughtful response could look like.
Justice
Justice means fair treatment, fair procedures, and attention to who receives benefits and burdens. It asks whether people with less power can be heard and seek repair.
Look at outcomes across different groups and individual cases. Provide a usable way to challenge decisions and correct harm. Equal wording in a policy does not guarantee equal treatment in practice.
Ask together: Who benefits, who bears the cost, and who can challenge the decision?
Accountability
Accountability means being answerable for decisions and taking responsibility for repair. It requires more than saying that the software made the choice.
Name the person or team responsible, keep useful records, and give them authority to correct problems. Make the route to a complaint clear to the people affected.
Ask together: Who will answer for the outcome and help put things right?
Dignity
Dignity means recognizing each person's worth regardless of usefulness, status, or a system's score. People deserve respect and a voice in matters that affect them.
Explain important decisions, avoid humiliating treatment, and keep room for a person's story. Do not treat a prediction as a complete account of who someone is.
Ask together: Does this use treat each person as someone whose experience matters?
Editorial ratings
These are editorial judgments from the register, not measured probabilities or predictions about your situation.
About the register and scoring →More ways to explore
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