The New Legal Frontier: Trademarking the Human Identity
For decades, celebrities relied on “right of publicity” laws to prevent unauthorized use of their likeness. However, the explosion of generative AI has rendered traditional protections insufficient. We are now seeing a strategic pivot toward trademark law to safeguard the very essence of a public persona: the voice and the image.
A prime example of this shift is pop star Taylor Swift, who has recently filed three separate applications in the United States to trademark her voice and appearance. This move signals a broader trend where high-profile individuals treat their biological traits as corporate assets to combat the surge of AI-generated deepfakes.
The motivation is clear. AI-generated content has moved beyond harmless parody into dangerous territory, including the creation of explicit imagery and deceptive political content, such as fake campaign advertisements where Swift appeared to endorse Donald Trump.
Taylor Swift isn’t the first to take this path. Actor Matthew McConaughey previously became the first celebrity to utilize trademark rules specifically to protect himself against AI misuse.
Beyond Exact Copies: The “Confusingly Similar” Standard
The real power of using trademarks over standard copyright or publicity laws lies in the legal threshold for infringement. Trademark law doesn’t just protect against identical clones; it protects against anything that is “confusingly similar.”
According to trademark lawyer Josh Gerben, this approach provides a “powerful legal weapon” against AI misuse. By registering specific phrases and visual identifiers, celebrities can challenge AI imitations that may not be 1:1 copies but are close enough to deceive the public.
This creates a significant hurdle for AI developers and users. If a voice model can mimic the cadence and tone of a star to a degree that it confuses a listener, it could be flagged as a trademark violation, regardless of whether the AI “stole” a specific recording.
The Specifics of Digital Asset Protection
The granularity of these trademark filings reveals how celebrities are thinking about their “digital twins.” Swift’s applications include highly specific descriptors to ensure maximum coverage:
- Visual Markers: One application describes an image of her on stage during the Eras Tour, specifically noting a pink guitar with a black strap and a multicolored, shimmering bodysuit paired with silver boots.
- Auditory Markers: Two applications cover specific audio clips—”Hey, it’s Taylor” and “Hey, it’s Taylor Swift”—which were originally recorded for Amazon Music and Spotify to promote her album The Life of a Showgirl.
As AI tools become more accessible, documenting the “unique identifiers” of your brand—specific catchphrases, signature outfits, or distinct vocal greetings—can provide a stronger foundation for legal protection than general likeness claims.
Future Trends: The Commercialization of Persona
As we move forward, the line between a person and a brand will continue to blur. We can expect a surge in “persona portfolios,” where celebrities trademark various versions of themselves for different uses.
We are likely to spot a rise in licensed AI personas. Instead of fighting all AI versions, stars may create “official” AI trademarks that they lease to companies for commercials or virtual experiences, ensuring they maintain quality control and receive fair compensation.
This evolution will likely force a rewrite of intellectual property laws. The current struggle to protect a voice or a shimmering bodysuit is just the beginning of a larger conversation about who owns the “data” of a human being in the age of synthetic media.
For more insights on the intersection of technology and law, explore our latest guides on Intellectual Property Rights and digital ethics.
Frequently Asked Questions
Can anyone trademark their voice?
Although anyone can file an application, trademarks are generally granted to those who can prove the mark is used in commerce and serves as a unique identifier of a brand. For celebrities, their voice often functions as a commercial brand.
How does a trademark differ from a copyright?
Copyright protects a specific work (like a song or a photo). A trademark protects a brand identifier (like a logo or a signature phrase). By trademarking a voice, a celebrity is protecting the “brand” of their sound rather than a single recording.
Will this stop all AI deepfakes?
It won’t stop the creation of deepfakes, but it gives the victim a much stronger legal basis to demand their removal and seek damages from the platforms hosting the content.
Join the Conversation
Do you think celebrities should be allowed to “own” their voice and image through trademarks, or does this create too much legal restriction on creativity? Let us know in the comments below or subscribe to our newsletter for weekly updates on the future of AI and law.
