Before 2023, many legal systems treated likeness as a matter of publicity rights, typically applicable to celebrities. The Fantopia case demonstrated that non-celebrities (streamers with modest followings) are equally vulnerable. In response, several U.S. states, including Virginia and Georgia, updated their revenge porn and deepfake laws. The U.S. Congress reintroduced the Preventing Deepfakes of Intimate Images Act . Entertainment lawyers now routinely include “AI likeness protection” clauses in influencer and talent contracts.
Here’s a suggested framework: