As AI-generated content becomes increasingly sophisticated, public figures, creators and influencers face growing challenges in protecting their identities online. Haynes Boone Partner Joe Lawlor recently spoke with Star Magazine about the limited legal remedies available for removing deepfakes and the steps creators can take to address unauthorized content.
Read an excerpt below:
The legal remedies are uneven. Joe Lawlor, trademark and advertising partner at Haynes Boone, said intimate or sexually explicit fake images may be addressed under the federal Take It Down Act, which generally requires platforms to remove verified nonconsensual material quickly. But non-sexual deepfakes, including fake ads and fabricated public statements, are harder to police.
“There is no one-size-fits-all approach to responding to deepfakes and other unauthorized use of a public figure’s image or voice,” Lawlor said. “There is no similar law for non-sexual deepfakes.”
Copyright claims can help in some cases, but deepfakes are often newly generated rather than direct copies of existing material. Trademark claims may also be limited, though Lawlor said some public figures are beginning to seek federal trademarks for their names, likenesses and voices. Even then, platform response can be slow.
“As a result, public figures may have to go directly to the users who post deepfake content to request that it be removed or send legal demand letters to the posters themselves,” Lawlor said.
Read the full article from the Star Magazine here.
