@draxtonlaw: DM me or email: [email protected]. “Is that AI?” It’s getting harder to tell. ⚠️ AI misuse isn’t just about someone stealing your face. It can cost creators real money—and potentially their reputation. Think about what happens when someone creates an AI avatar that looks and sounds like a trusted creator. That avatar can promote a product the creator never agreed to promote. It can make statements the creator never made. It can even be used to scam the creator’s audience. And the damage doesn’t necessarily stop when the fake content comes down. If an AI version of a creator appears in advertising for Brand A, what happens when competing Brand B believes that creator already works with its competitor? What happens when followers lose trust because they can’t tell which endorsements are real? What happens when a scam using a creator’s identity becomes more recognizable than the creator’s actual content? Those aren’t purely hypothetical concerns. In Suddeth v. Meta Platforms, financial professionals sued after scammers allegedly impersonated them in fraudulent investment advertisements and schemes appearing across Meta’s platforms. Among other theories, they asserted false endorsement/false association under §43(a) of the Lanham Act and state-law publicity claims. That case also demonstrates an important limitation: claims against the person creating the fake content and claims against the platform displaying it aren’t necessarily the same. Platforms may have substantial defenses—including §230—particularly when a third party created the challenged content. But where the facts support it, creators may potentially have claims involving: • State-law rights of publicity / misappropriation of likeness • Lanham Act false endorsement or false association • Copyright infringement, where protectable original content has actually been copied • And potentially claims against not only the advertiser or publisher, but platforms themselves where the evidence establishes legally significant participation in creating or developing the challenged content. And damages can extend beyond “they used my face.” For professional creators, trust, reputation, audience relationships and brand exclusivity are economic assets. Unauthorized AI advertising can potentially interfere with each of them. The exact claims—and who can actually be held responsible—depend heavily on the specific facts, the content involved, how it was created, what rights the creator owns, and applicable state and federal law. If an AI version of you is selling something you never agreed to sell, don’t assume you simply have to live with it. Knowledge is power, and I’m here to empower creators with as much information as I can. Have a specific question? DM me, visit DraxtonLaw.com, or email [email protected]. Educational information only—not legal advice. Attorney advertising. Utah attorney. #ContentCreators #UGCCreator #tiktokshopcreator #copyrightinfringement #lawyer

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Saturday 05 September 2026 18:08:51 GMT