Increasingly, AI is being used to generate digital replicas, also known as “deepfakes”, of real-life individuals. This is often for commercial use, including on social media, to promote products and services. This is of particular concern for actors and celebrities, whose images and likenesses are widely available and accessible online, meaning that there is an abundance of source material for AI systems to draw from.

In December 2024, the UK Government launched an “AI and Copyright” consultation. The Government sought views from the industry on whether “personality rights” legislation should be introduced, or if existing performers’ rights legislation should be amended in the UK to give individuals greater control over how their likeness or voice is used. The Government recognises that other countries have taken action, or proposals have been made, to address this issue. For example, in the United States, two bills were enacted in California in 2024 to protect performers regarding the use of digital replicas imitating an individual’s voice, image or personal attributes without consent (California Assembly Bills 2602 and 1836). In Denmark, a bill was proposed allowing individuals to own copyright over their physical likeness which includes face, body and voice.

There were over 11,500 responses to the Government’s AI and copyright consultation from a range of parties including creators and right holders, developers of AI models and applications, academics, researchers, cultural heritage organisations, and legal professionals. The Government will be submitting a full report and economic impact assessment of its consultation before Parliament on or before 18 March 2026.

Whilst it is currently unclear whether or not specific personality rights legislation will be introduced into UK legislation to protect an individual’s likeness or voice from being digitally replicated by AI, it is worth bearing in mind that there is a patchwork of existing civil rights in the UK that may be relevant to the use of digital replicas without the consent of the real-life individual. Enforcing these rights in the UK civil courts in the context of AI digital replicas is, however, currently untested.

The rights include:

• Trade marks. A UK trade mark registration gives the holder the potential to sue for trade mark infringement in respect of signs that are similar or identical to which the trade mark is registered. A real-life individual may wish to register a trade mark using a portrait of their face to give them the potential avenue of bringing a trade mark infringement claim when a digital replica of their face is used without consent by an AI. Well-known figures have sought such trade mark registrations. For example, Jeremy Clarkson has recently obtained a UK registered trade mark comprising two photo portraits of his face. This approach has also been taken in other jurisdictions, for example Dutch models Rozanne Verduin and Yasmin Wijnaldum have registered portrait photos of their faces as EU trade marks.

• Passing off. If the public is misled into thinking a real-life individual has endorsed a product or service via a digital replica, the tort of passing off may be helpful to bring a stop to what the digital replica is doing.

• Misuse of private information. If the real-life individual can establish that they have a reasonable expectation of privacy in the information contained in the replica (which may, depending on the circumstances, include private events, or intimate scenes etc), then this tort may be helpful in relation to any unauthorised publishing of such information via the digital replica.

• Data protection. Data protection legislation may also be helpful to prevent the misuse of personal data (which may, depending on the circumstances, include an individual’s likeness/voice) that has been processed by the digital replica’s handler.

• Defamation. If a digital replica uses the real-life individual’s likeness/voice in such a way that causes the individual serious harm, the individual may have grounds to sue for defamation.

For now, the Government’s upcoming report on the consultation is due to be published by 18 March 2026 and is eagerly awaited by practitioners and the creative industry. It is almost guaranteed to encourage more debate on the issue of an individual’s personality rights in the UK.

AUTHORS

Daniel Prim Managing Associate

Daniel advises businesses, institutions and individuals on a broad range of IP law issues, and specialises in advising clients in relation to contentious IP and media related issues.

Daniel advises businesses, institutions and individuals on a broad range of IP law issues, and specialises in advising clients in relation to contentious IP and media related issues.

Daniel provides strategic IP advice to clients from across sectors including, art, film, TV, theatre, publishing, music, entertainment, finance, fashion and retail. Daniel regularly advises on all stages of an IP dispute from pre-action through to trial and beyond, as well as alternative forms of dispute resolution including settlement and mediation. Daniel has advised clients in IP disputes in the Intellectual Property Enterprise Court, High Court and Court of Appeal, and in tribunal proceedings before the UK Intellectual Property Office and EU General Court.

Daniel advises clients on trade marks, passing off, copyright, database rights and design rights issues. This includes enforcement of IP rights outside the Courts such as online takedowns and domain name complaints. Daniel advises on advertising clearances and ASA complaints, and reputation management (including social media issues). On the non-contentious side, Daniel advises on the exploitation, acquisition and licensing of IP rights. In the art law space, Daniel has advised on disputes in relation to the ownership of artwork, the sale of works at auction, the recovery of stolen artwork by way of "stakeholder application”, NFTs where the underlying asset has been artwork, the resale of artwork online, and artist resale rights.

Before joining Harbottle & Lewis in 2021, Daniel was a senior associate in the London IP and media team of Eversheds Sutherland, having trained and qualified there in 2015.

Daniel has been named a key lawyer in Legal 500 for intellectual property: trade marks, copyright and design law (2024, 2025 & 2026) and for media and entertainment law (2021). Daniel holds a Postgraduate Diploma in Intellectual Property Law and Practice from the University of Oxford. Daniel studied languages at university and speaks Spanish and French fluently. Daniel is a member of the Art Lawyers Association (ALA), and Society for Junior Intellectual Property Practitioners (IPSoc). Prior to working in law, Daniel worked in film post-production, and was part of a team nominated for a film BAFTA.