AI-Generated Deepfakes and Image Rights: A Growing Concern for Athletes and Clubs

The rapid advancement of generative artificial intelligence (AI) is creating both opportunities and challenges for the sports world, particularly concerning athlete image rights and intellectual property. Although AI tools can streamline endorsement deals by creating realistic content without costly photoshoots, they also open the door to unauthorized deepfakes and potential reputational damage. Legal frameworks are struggling to maintain pace with these developments, leaving athletes and clubs seeking clarity on how to protect their interests.

The Rise of Deepfakes and Their Potential Impact

Generative AI allows for the creation of authentic-looking audiovisual content, including images of athletes, without requiring traditional photography or filming. This capability presents a double-edged sword. On one hand, it can enhance marketing campaigns and reduce production costs. On the other, it facilitates the creation of unauthorized deepfakes – AI-generated imitations that can be used maliciously. As LawInSport notes, these deepfakes can range from harmless fabrications to damaging portrayals that compromise an athlete’s reputation.

Legal Landscape and Emerging Legislation

The legal response to AI-generated deepfakes is evolving. The UK’s Data (Use and Access) Act 2025 criminalizes the creation, sharing, or requesting of sexually explicit deepfakes. However, the legal recourse for other types of deepfakes, such as those depicting an athlete committing a questionable act, remains limited unless commercial or reputational harm can be proven. As reported by Marginal Revolution, concerns are growing about laws requiring disclosure of AI-generated content, potentially leading to overly broad reporting requirements and government overreach.

The UK government is also considering the introduction of a “personality right” that would grant athletes greater legal standing to challenge the unauthorized use of their likeness. This potential right could significantly expand an athlete’s ability to take action against deepfakes and other forms of AI-driven image exploitation.

Protecting Intellectual Property: Clubs and Trademarks

Clubs also have legal avenues to protect their intellectual property. Beyond image rights, clubs can pursue claims related to trademark infringement or design rights. For example, if AI is used to create images of players wearing a rival team’s kit, the club could argue that the image infringes on their trademarked crest or the design of their shirt. While clubs generally rely on official channels to disseminate genuine news and images, the blurring lines between authentic and AI-generated content may force them to reassess their approach.

Passing Off and Endorsement Deals

A significant concern is “passing off,” where someone unfairly associates their products or services with an athlete’s reputation. AI-generated content could be used to mislead consumers into believing an athlete endorses a product they do not. When negotiating endorsement deals, athletes should explicitly address the use of generative AI, outlining clear guidelines and safeguards to prevent unauthorized or misleading content.

Key Takeaways

• Generative AI presents both opportunities and risks for athletes and clubs regarding image rights and intellectual property.
• Legal frameworks are evolving to address the challenges posed by deepfakes, but significant gaps remain.
• Athletes and clubs should proactively address AI-related issues in contracts and endorsement deals.
• Protecting intellectual property requires vigilance and a willingness to pursue legal remedies when necessary.