Will a trade mark safeguard celebrities from AI?

Thanks to the evolving capabilities of artificial intelligence, or AI, people in the public eye are looking for secure ways to protect their image.

Pippa Aitken is a Senior Associate in the Commercial team at Sintons, specialising in Intellectual Property. She explains:

“The rise of AI-generated deepfakes has made it easier than ever to create convincing images, videos and voice recordings that falsely suggest a celebrity has endorsed a product or said something they never actually said. As a result, many public figures are looking to strengthen control over their commercial identity by registering trade marks covering their name, image, catchphrases or other distinctive features, giving them additional legal tools to challenge unauthorised use.”

Famous people such as Jeremy Clarkson and Luke Littler are two of the public figures who are making use of trade marks to protect their likeness or their voice.

However, as Pippa says, using a trade mark solves only part of the problem.

“Trade marks can be a useful part of the solution, particularly where a person’s image or name is being used commercially, but they are not a complete answer to the challenges posed by AI and deepfakes.”

Challenges posed by AI are a developing situation. The debate continues over whether current UK laws can sufficiently combat deepfakes or whether copyright laws need to evolve in order to keep up with technology’s advances.

Pippa notes, “In the UK, there is currently no standalone ‘image right’, meaning celebrities often have to rely on a variety of legal protections. As AI technology continues to develop, there is a growing debate about whether the law needs to catch up to provide clearer and more comprehensive protection against digital impersonation and misuse of a person’s likeness.”

Sintons are excellently placed to advise clients about trade marks and their intellectual property via their Commercial and Dispute Resolution teams.