The growing prevalence of generated AI is further penetrating the world of sports and entertainment, increasing the likelihood that athletes, coaches, and others will file NIL, publicity rights, and intellectual property lawsuits over deepfakes and other AI-generated abuses.
A few weeks ago, the White House posted a video clip on TikTok of an AI-modified version of Ottawa Senators captain and Olympic gold medalist Brady Tkachuk giving a press conference. The AI version of Tkachuk mocks Canada, which the United States defeated in the gold medal match.
“They booed our national anthem, so I had to come out and teach those maple syrup eaters a lesson,” AI’s Tkachuk said.
Although TikTok clips include a general label that says “Contains AI-generated media,” not all viewers may be aware of that or may think that other parts of the 45-second TikTok clip are AI-generated. Tkachuk told the media that he did not like the video, stressing: “It’s not my voice, it’s not my lips moving, so it’s obviously fake.”
The clip has been viewed more than 12 million times as of Saturday, making it one of the most popular on the White House’s TikTok page. Although some or most people watching this clip may realize that it is fake, this clip shows Tkachuk in a real setting. Many people, especially those who are not hockey fans, may not know what his voice sounds like.
This is not the first time that people, including members of the media, have been fooled by AI content in the sports field.
Last summer, AI-generated content on social media accounts claimed that New England Patriots quarterback Drake Maye and his wife, Ann Michael Maye, were donating their wedding gifts to charity. This seemed like a kind and out-of-the-way gesture by a starting NFL quarterback, and major media publications reported on the purported good deed, except it was an AI-generated hoax.
Return to Tkachuk. The former Boston College star complained that he “doesn’t control” the White House’s social media accounts and can’t “do anything” about the fake videos. Tkachuk seems offended and frustrated, but he has no intention of suing President Donald Trump.
However, as AI becomes more prevalent on social media and appears more realistic, especially through fake videos, recycled footage, and manipulated images, the risk for athletes to fall victim to AI-generated content is real. It’s only a matter of time before someone files a lawsuit.
An athlete in Tkachuk’s position could argue that the AI-generated clip violates his publicity rights. The right of publicity prohibits the commercial exploitation of another person’s identity (be it their NIL or unique characteristics such as their voice or mannerisms) without their consent. Publicity rights were key in Ed O’Bannon’s lawsuit against the NCAA over the unauthorized use of college athletes’ likenesses in video games. Tkachuk could argue in court that the video tarnished his brand and personality, especially since his employer is a Canadian company and he is a Canadian public figure.
There are other possible claims in Tkachuk’s situation. He may claim that the clip is false advertising in violation of the Lanham(Trademark) Act. The AI version of Tkachuk leverages his persona to promote the White House and Trump brand and increase engagement, all without Tkachuk’s blessing.
Other possible legal actions include defamation, which refers to a false statement of fact that damages one’s reputation, and false illumination, which is a technically correct statement but presented in a highly deceptive manner. Tkachuk’s alleged comments disparaging Canada could damage his reputation.
The defense in this hypothetical case could be fair use, which is unauthorized but legal copying. Tkachuk is a public figure who participated in a highly public event that drew comment, debate, and satire by attending the Olympic gold medal match between the United States and Canada. This clip probably also reflects the content creator’s artistic use of AI. The White House could argue that Mr. Tkachuk was irritated but not harmed to the extent that the law warrants redress.
Additionally, some viewers may have been doing some kind of “Trump AI Watch,” where the president shared an AI clip of him fighting a Canadian hockey player. Perhaps Tkachuk’s video was just a tease between the United States and Canada, but President Trump’s controversial tariffs on Canada and his insistence that Canada should become the “51st state” perhaps contradicts the “it’s all a joke” narrative.
Athletes and other sports professionals are also interested in generative AI used in podcasts and shows. last week, deadline A lawyer for Emmy-nominated actor Jared Harris has reportedly sent a cease-and-desist letter to the producers of a podcast that used an AI-generated clip of Harris. The clip was part of promotional materials for Films Not Made, a podcast described as leveraging AI to “revive dead Hollywood film marketing.”
Mr Harris said: deadline This depiction of unauthorizedness highlights why content creators (a category that also includes influencers and athletes who post on social media) have reason to police the “unauthorized use of their image, voice, work, or likeness without prior consultation for the purpose of generating a source of income.” In that regard, podcasts are commercial ventures that generate income through advertising and subscriptions.
Athletes and celebrities can also resort to criminal law to combat deepfakes, but only in limited circumstances. Last year, President Trump signed the Take It Down Act, which criminalizes the display of non-consensual intimate images and is aimed at combating digital sexual exploitation. Several states, including California and Florida, have adopted similar laws.
But the type of misrepresentation experienced by Mr. Tkachuk and Mr. Harris is not within the scope of intimate image laws. These are simple depictions that imitate real people. As such, civil litigation based on NIL, publicity rights, and related intellectual property claims is likely to be the most powerful tool athletes and entertainers have to combat AI-generated deepfakes.
