Tag: right of publicity

Industry Views

You Are the Asset: Why Protecting Your Voice and Likeness Is No Longer Optional

By TALKERS | by TALKERS

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By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imgFor years, “protect your name and likeness” sounded like lawyer advice in search of a problem. Abstract. Defensive. Easy to ignore. That worked when misuse required effort, intent, and a human decision-maker willing to cross a line.

AI changed that.

When Matthew McConaughey began trademarking his name and persona-linked phrases (“alright, alright, alright”), it was not celebrity vanity. It was an acknowledgment that identity has become a transferable commodity, whether the person attached to it consents or not.

A voice is no longer just expressive. It is functional. It can be sampled, trained, replicated, and redeployed at scale. Not as a parody. Not as commentary. As a substitute. When a synthetic version of you can narrate ads, read copy, or deliver endorsements you never approved, the injury is not hypothetical. It is economic.

We have already seen this play out. In the past two years, synthetic versions of well-known voices have been used to sell products the real person never endorsed, often through social media ad networks. These were not deep-fake jokes or parody videos. They were commercial voice reads. The pitch was simple: if it sounds credible, it converts. By the time the real speaker objected, the ad had already run, the money had moved, and responsibility had dissolved into a stack of platform disclaimers.

This is where many creators misunderstand trademark law. They think it is about logos and merchandise. It is not. Trademarks protect source identification. Meaning, if the public associates a name, phrase, or expression with you as the origin, that association has legal weight. McConaughey’s filings reflect that reality. Certain phrases signal him instantly. That signaling function has value, and trademark law is designed to prevent identity capture before confusion spreads.

Right of publicity laws still matter. They protect against unauthorized commercial use of name, image, and often voice. But they are largely reactive. Trademarks allow creators to draw boundaries in advance, before identity becomes unmoored from its source.

This is not a celebrity problem. Local radio hosts, podcasters, commentators, and long-form interviewers trade on recognition and trust every day. AI does not care about fame tiers. It cares about recognizable signals.

You do not need to trademark everything. You do need to know what actually signifies you, and decide whether to protect it, because in an AI-driven media economy, failing to define your identity does not preserve flexibility. It invites identity capture.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Matthew@HarrisonMediaLaw.com or read more at TALKERS.com.

Industry Views

Is That Even Legal? Talk Radio in the Age of Deepfake Voices: Where Fair Use Ends and the Law Steps In

By TALKERS | by TALKERS

By Matthew B. Harrison
TALKERS, VP/Associate Publisher
Harrison Media Law, Senior Partner
Goodphone Communications, Executive Producer

imgIn early 2024, voters in New Hampshire got strange robocalls. The voice sounded just like President Joe Biden, telling people not to vote in the primary. But it wasn’t him. It was an AI clone of his voice – sent out to confuse voters.

The calls were meant to mislead, not entertain. The response was quick. The FCC banned AI robocalls. State officials launched investigations. Still, a big question remains for radio and podcast creators:

Is using an AI cloned voice of a real person ever legal?

This question hits hard for talk radio, where satire, parody, and political commentary are daily staples. And the line between creative expression and illegal impersonation is starting to blur.

It’s already happening online. AI-generated clips of Howard Stern have popped up on TikTok and Reddit, making him say things he never actually said. They’re not airing on the radio yet – but they could be soon.

Then came a major moment. In 2024, a group called Dudesy released a fake comedy special called, “I’m Glad I’m Dead,” using AI to copy the voice and style of the late George Carlin. The hour-long show sounded uncannily like Carlin, and the creators claimed it was a tribute. His daughter, Kelly Carlin, strongly disagreed. The Carlin estate sued, calling it theft, not parody. That lawsuit could shape how courts treat voice cloning for years.

The danger isn’t just legal – it’s reputational. A cloned voice can be used to create fake outrage, fake interviews, or fake endorsements. Even if meant as satire, if it’s too realistic, it can do real damage.

So, what does fair use actually protect? It covers commentary, criticism, parody, education, and news. But a voice isn’t just creative work – it’s part of someone’s identity. That’s where the right of publicity comes in. It protects how your name, image, and voice are used, especially in commercial settings.

If a fake voice confuses listeners, suggests false approval, or harms someone’s brand, fair use probably won’t apply. And if it doesn’t clearly comment on the real person, it’s not parody – it’s just impersonation.

For talk show hosts and podcasters, here’s the bottom line: use caution. If you’re using AI voices, make it obvious they’re fake. Add labels. Give context. And best of all, avoid cloning real people unless you have their OK.

Fair use is a shield – but it’s not a free pass. When content feels deceptive, the law – and your audience – may not be forgiving.

Matthew B. Harrison is a media and intellectual property attorney who advises radio hosts, content creators, and creative entrepreneurs. He has written extensively on fair use, AI law, and the future of digital rights. Reach him at Harrison Legal Group or read more at TALKERS.com.