Abstract
This article addresses the application of right of publicity, right of privacy, and trademark law to the problem of deepfakes. It will explore the routine and not so routine ways that personality and persona attributes are exploited in traditional privacy contexts and publicity contexts. It will also examine the use of First Amendment defenses in legal actions traditionally associated with the exploitation of celebrities, sports figures, and other persons under state law theories of name-image-likeness exploitation, as well as and federal trademark law theories of false endorsement and false designation of origin.
Part I provides an introduction and background to the three theories of protection of personality and persona rights in right of publicity, right of privacy, and trademark law. Part II focuses on the publicity-property law implications of deepfakes when used in commercial speech and other contexts. Part III focuses on the tort and personal injury theories of privacy law in deepfake exploitation scenarios that impinge on seclusion, private affairs, and personal privacy. Part IV examines the trademark theories of false endorsement and false designation of origin in the context of deepfakes used in commercial contexts that present a risk of consumer confusion. Part V focuses on the role of the First Amendment in constraining the right of publicity, the right of privacy, and false endorsement and false designation of origin claims. Part VI is the conclusion.
Document Type
Article
Publication Date
2025
Repository Citation
Murray, Michael D., "DECEPTIVE EXPLOITATION: DEEPFAKES, THE RIGHTS OF PUBLICITY AND PRIVACY, AND TRADEMARK LAW" (2025). Law Faculty Scholarly Articles. 815.
https://uknowledge.uky.edu/law_facpub/815
Notes/Citation Information
Michael D. Murray, Deceptive Exploitation: Deepfakes, the Right of Publicity and Privacy, and Trademark Law, 65 IDEA 124 (2025).