Should you get consent to use someone's likeness in AI art?
Why Consent Matters
Using someone's likeness in AI art without permission can violate laws like the right of publicity, which protects a person's name, image, and likeness. This is especially true if the art is commercial or sexual in nature. Many jurisdictions, including several U.S. states, allow individuals to sue for unauthorized use.
Even if the likeness is AI-generated, if it's recognizable as a real person, you likely need consent. This applies to celebrities and private individuals alike. The key is whether an average person would identify the person depicted.
- Right of publicity laws vary by state; some have post-mortem rights.
- Consent should be explicit and in writing for adult content.
- Public figures have fewer privacy rights but still control commercial use.
- Using a lookalike can still be risky if the intent is to depict a specific person.
Best Practices
Always obtain written consent before creating or sharing AI art that depicts a real person, particularly if it's sexual or could be embarrassing. Keep records of the consent. If you can't get consent, don't use the likeness.
For adult content, platforms often require verification that all depicted persons are adults and have consented. Even if you're creating for personal use, sharing it can lead to serious consequences.
Common mistakes
- Assuming that because it's AI-generated, consent is not needed.
- Believing that public figures have no rights over their likeness.
- Thinking that non-commercial use is always exempt from consent requirements.