• by Owen Seitel , July 16, 2026

Artificial intelligence has made it possible for brands to recreate the voices, likenesses, and personalities of deceased celebrities with remarkable speed and realism. From digitally resurrected actors to AI-generated musical performances and virtual brand ambassadors, marketers have more creative opportunities than ever before. But as the technology advances, so do the legal and reputational risks associated with using digital recreations in advertising.

The biggest challenge is that the law has not kept pace with the technology.

The right of publicity protects an individual's name, image, likeness, voice, signature, and other aspects of identity from unauthorized commercial use. While there is no federal right of publicity, most states recognize some form of this protection, and many also recognize posthumous publicity rights.  For example, with proper registration California, protects a deceased personality’s publicity rights for 70 years after death, while other states provide shorter and longer periods of protection or none at all.

For brands launching national advertising campaigns, this patchwork of state laws creates significant uncertainty because a campaign that is permissible in one jurisdiction may trigger legal risks in another.

Artificial intelligence amplifies these challenges by making it easier than ever to create highly realistic digital replicas. Generative AI systems can recreate a celebrity's voice from only a handful of recordings, generate photorealistic images, or simulate performances that never even occurred. Even where these portrayals are clearly fictional, their commercial use may implicate publicity rights, trademark law, unfair competition statutes, or false endorsement claims.

Beyond legal compliance, marketers must also consider reputational and ethical risks. Consumers increasingly expect brands to demonstrate transparency and respect when incorporating the identities of deceased public figures into advertising campaigns. Even where the necessary rights have been secured, a campaign may still generate backlash if audiences perceive it as exploiting a celebrity's legacy or using AI in a way that feels inauthentic.

Conversely, campaigns developed in collaboration with a celebrity’s estate or other rights holders often carry greater credibility and reinforce consumer trust.

Before incorporating AI-generated likenesses into advertising or branded content, marketers must include a legal review as an essential part of campaign planning, rather than a final checkpoint.

That means identifying who owns the applicable publicity rights, securing licenses from estates or other rights holders, evaluating related trademark and copyright issues, and implementing clear disclosures where appropriate. Internal policies relating to AI-generated content must be established and closely followed so marketing, legal and creative teams are aligned before campaigns launch.

Artificial intelligence is reshaping what is creatively possible in advertising, but it is also expanding the legal responsibilities that come with those opportunities. Brands that proactively address consent, licensing, and compliance will be better positioned to harness AI’s creative potential while protecting both their marketing investments and the enduring legacies of the individuals whose identities they seek to recreate.