Alexa Spitz
Critics have chastised the right of publicity for expanding beyond its practical and moral justifications. Although the criticism is meritorious, technological advancements call for a reevaluation of the right of publicity’s role in protecting the public from AI-generated “deepfakes.” Deepfake technology exudes exciting potential, but it also threatens to misappropriate and exploit individuals’ identities to the detriment of both victims and the public at large. Bad actors have already leveraged deepfake technology to perpetrate acts of nonconsensual pornography, bullying, and deceptive advertising. Such abuses inflict feelings of helplessness and loss of control on victims, and those feelings are exacerbated by a lack of adequate legal remedies. As some victims seeking legal counsel have learned, existing law is often ill-suited to protect them due to the unique facts presented by novel deepfake technology. This Article proposes that a strong right of publicity could help victims of malicious deepfakes seek justice. What was once perceived as an unjustifiably broad right may now be the best available option to provide recovery and protection to victims of deepfake abuse.