Face-swapped videos, AI voiceovers and virtual digital humans are becoming increasingly common.
As generative artificial intelligence develops rapidly, AI is no longer limited to simple image or text processing. It can closely reproduce real voices, simulate lip movements and facial expressions, generate realistic videos at scale, and even imitate a person’s manner of expression and commercial style.
In many cases, ordinary users can no longer easily tell just by looking whether a video was filmed with a real person or generated by AI.
These technologies create new possibilities for content creation, marketing and business communications, but they also bring increasingly apparent legal risks. A person’s voice, likeness, name, distinctive manner of expression and commercial image built over time can all be copied or imitated by AI, and may even be used in unauthorised commercial promotions.
In the AI era, legal protection of a personal brand is therefore no longer confined to trade marks, creative works or brand names in the traditional sense. It is gradually extending to voices, images and personal attributes that have value as commercial identifiers.
Celebrities are planning ahead to protect their ‘digital identities’
Some internationally renowned performers have begun using intellectual property systems to strengthen control over their voices and commercial images.
For example, Taylor Swift recently filed trade mark applications in the United States relating to her personal brand. These include the expressions ‘Hey, it’s Taylor’ and ‘Hey, it’s Taylor Swift’, as well as iconic visual imagery associated with her Eras Tour.
Matthew McConaughey has also been developing trade mark protection for his signature expression ‘Alright, alright, alright’ and the distinctive features of his voice.
These steps go beyond celebrities enforcing their rights in the traditional sense. They reflect a clear trend: now that AI can convincingly reproduce voices, images and ways of expressing oneself, commercially valuable personal attributes are themselves becoming intellectual property assets that require active management and protection.
This type of protection generally aims to prevent AI platforms or third parties from copying voices without authorisation, reduce the risks of false advertising and false endorsements, and preserve a clearer foundation of rights for future AI licensing, commercial collaborations and brand development.
AI risks to personal identity are not limited to celebrities
AI copying of voices and likenesses is not a concern only for actors, singers or public figures.
Company founders, CEOs, content creators, livestreamers, doctors, lawyers, educators, consultants and others whose businesses rely on their professional reputations may face similar risks whenever their names, images, voices or the public’s trust in them have commercial value.
For example, a company founder could appear in an AI-generated fake interview video, or even in an unauthorised endorsement of a product or brand.
Bloggers and livestreamers may have their voices or images copied to promote non-existent courses, investment projects or commercial products.
If AI impersonates doctors, lawyers or educators to publish professional opinions, it may not only mislead the public but also have a lasting impact on their professional reputations.
For brands, characters forming part of their intellectual property, endorsers’ images and existing visual assets may also be recreated using AI, leading to brand confusion, infringement and misleading consumers.
In the AI era, the concern is therefore no longer simply whether someone has copied your work, but whether others can easily copy and exploit your commercial identity.
What is a ‘digital personality rights moat’?
From a commercial risk management perspective, names, voices, likenesses, signature slogans, IP characters and other distinctive personal brand elements can be treated as a set of intangible assets that need advance planning.
Where these assets already have significant commercial value, reviewing the relevant rights earlier will often put you in a better position to establish ownership and take action against future AI impersonation, false endorsements or unauthorised commercial use.
Common forms of protection include trade mark registration, copyright protection, patent planning, and establishing clear licensing and contractual frameworks.
Trade mark protection is particularly suitable for personal name brands, brand names, signature slogans, sound identifiers, visual identifiers and IP characters that already function as commercial identifiers.
For some brand elements whose source can be identified directly through sound, it is also possible to assess whether a sound trade mark application would be suitable.
Where original visual works, videos, music, graphic designs or other creative content are involved, copyright protection also needs to be considered.
Businesses developing innovations relating to AI, virtual digital humans or other technologies can also assess whether patent protection is relevant.
Why establish a licensing framework in advance?
Another easily overlooked issue in the AI era is that many commercial risks arise from an unclear scope of authorisation, rather than infringement alone.
For example, having authorised a company to use your likeness in a promotional film does not automatically mean that the company may retain the footage permanently and then use it to train AI models or generate new virtual images of you.
Similarly, authorising the use of a recording of a human voiceover does not necessarily authorise the recipient to copy that voice to generate entirely new advertising content in the future.
When entering endorsement, content production, brand collaboration and AI-related agreements, businesses and individuals therefore need to specify more clearly how voices, likenesses, video materials and related data may be used, whether AI training or the generation of derivative content is permitted, and the duration and commercial scope of the authorisation.
Clear contractual terms can set boundaries for use before disputes arise.
How can NS Legal help?
As a professional legal services provider, NS Legal focuses both on enforcing rights after infringement occurs and on proactive protection and establishing ownership of commercial assets for individuals and businesses in the AI era.
We can help businesses and individuals assess trade mark protection strategies for names, brand names, signature slogans, voices, visual images and IP characters. Depending on the circumstances, we can also handle trade mark registrations, sound trade mark applications, trade mark oppositions and related enforcement matters.
For projects involving original content, brand materials, AI technology or other innovations, we can also assess whether copyright, patent and contractual licensing arrangements need to be strengthened at the same time.
For entrepreneurs, creators and professionals whose businesses rely on their personal influence and professional reputations, the value of planning ahead lies in gradually turning the relatively intangible concept of ‘personal influence’ into commercial assets that can be identified, managed and licensed.
Closing remarks from NS Legal
On the surface, Taylor Swift’s and Matthew McConaughey’s strategies are celebrity responses to the risk of AI impersonation. Behind them, however, is a broader commercial trend.
In the future, intellectual property protection is likely to extend beyond protecting creative works and brands in the traditional sense, and increasingly encompass ‘personality assets’ formed by personal voices, likenesses, ways of expressing oneself and commercial images.
Whether you are a celebrity, entrepreneur, creator, or a professional or business founder building a personal brand, the earlier you review your intellectual property and licensing arrangements, the better your chances of maintaining control over your brand as AI develops rapidly.
The NS Legal team can help assess trade marks, copyright, patents and related licensing arrangements according to the circumstances of the individual or business, establishing a longer-term legal protection framework for personal brands and commercial assets.
Disclaimer: This article provides general legal information only and does not constitute legal advice for the particular circumstances of any individual or business.
