What is the right of publicity?
The right of publicity is the right to decide whether and how your identity is used for commercial purposes. Illinois states it plainly: its statute recognizes "the right to control and to choose whether and how to use an individual's identity for commercial purposes," and defines identity to include name, signature, photograph, image, likeness and voice (765 ILCS 1075/5 and 1075/10). Other states use similar lists. The right is usually violated by using someone's identity to sell or advertise a product without written consent; news reporting, commentary and most expressive works are generally exempt.
It differs from copyright and trademark. Copyright protects a creative work, such as a photograph or a recording, and belongs to the author; the right of publicity protects the person shown or heard in it. That gap is why AI voice clones fit poorly in federal law. In Lehrman v. Lovo, decided July 10, 2025, Judge J. Paul Oetken of the Southern District of New York dismissed most of two voice actors' federal trademark and copyright claims against an AI voice company but let their New York publicity claims proceed, as Skadden reported.
There is no federal right of publicity. Each state decides whether the right exists, what it covers, and whether it survives death. Some states have a statute, some recognize the right only in court decisions, and some have both. New York, for example, has only a statutory right, under Civil Rights Law §§ 50 and 51, and its courts have refused to recognize a separate common-law right, according to the Digital Media Law Project.
Right of publicity laws by state
The table covers the four states that have done the most to adapt the right to AI. Status is as of November 9, 2026. Each row is sourced in the state sections that follow.
| State | Statute or common law | Covers voice? | Post mortem term | AI and replica provisions |
|---|---|---|---|---|
| California | Both: Civ. Code § 3344, § 3344.1 and common law | Yes | 70 years | AB 2602 (performer contracts) and AB 1836 (deceased performers), effective Jan. 1, 2025 |
| Illinois | Statute: Right of Publicity Act, 765 ILCS 1075 | Yes | 50 years | Digital replica amendment (P.A. 103-836), effective Jan. 1, 2025 |
| New York | Statute only: Civil Rights Law §§ 50, 51, 50-f | Yes | 40 years (deceased personalities and performers domiciled in New York) | Digital replica rules for deceased performers; synthetic performer ad disclosure from June 9, 2026 |
| Tennessee | Statute: Personal Rights Protection Act as amended by the ELVIS Act, plus common law | Yes, since July 1, 2024 | 10 years, then continues until 2 years of non-use | Liability for tools whose primary purpose is producing unauthorized replicas |
California right of publicity
California protects living people under Civil Code § 3344, which bars knowing use of another's name, voice, signature, photograph or likeness on products or in advertising without consent, with damages of at least $750 or actual damages (Cal. Civ. Code § 3344). California courts also recognize a common-law claim, which is how Bette Midler won her case over a sound-alike singer in a Ford commercial in Midler v. Ford Motor Co., 849 F.2d 460 (9th Cir. 1988) (opinion). Section 3344.1 protects deceased personalities for 70 years after death, according to the Senate Judiciary Committee analysis of AB 1836.
Two 2024 laws address AI directly. Both were signed September 17, 2024 and took effect January 1, 2025. AB 2602 (Labor Code § 927) makes a contract term allowing a digital replica of a performer's voice or likeness unenforceable if it lacks a reasonably specific description of the intended uses and was not negotiated with a lawyer or a union, as the Senate Judiciary Committee analysis describes it; Manatt notes the union route applies where the collective bargaining agreement expressly covers digital replicas. AB 1836 amends § 3344.1 to bar unauthorized digital replicas of deceased performers in audiovisual works and sound recordings, with damages of the greater of $750 or actual damages, as Cozen O'Connor summarized.
Illinois Right of Publicity Act
Illinois has protected identity by statute since 1999, and the act replaces the common-law right. A user needs prior written consent for commercial use during a person's lifetime and for 50 years after death (765 ILCS 1075/30). Public Act 103-836, effective January 1, 2025, added a definition of "digital replica," made it unlawful to knowingly distribute a sound recording or audiovisual work containing an unauthorized digital replica, and created liability for anyone who knowingly facilitates such a violation, with a notice-and-takedown safe harbor modelled on the Digital Millennium Copyright Act. Damages are the greater of actual damages and profits or $1,000, plus possible punitive damages and attorney's fees (765 ILCS 1075/40 and 1075/55).
New York
New York's living right sits in Civil Rights Law §§ 50 and 51, which cover use of a person's name, portrait, picture or voice for advertising or trade without written consent; voice was added to § 51 in 1995, according to the Digital Media Law Project. Section 50-f, effective May 29, 2021, created a post-mortem right lasting 40 years for deceased personalities and performers who were domiciled in New York, with a separate rule for digital replicas of deceased performers (New York Department of State text; Herrick).
Governor Kathy Hochul signed two more AI bills on December 11, 2025. S.8391 amended § 50-f to require consent from heirs before a deceased performer's digital replica is used in an audiovisual work, sound recording or live musical performance, and broadened the definition of digital replica, effective immediately, according to Katten. S.8420-A requires anyone producing an advertisement to disclose conspicuously when it includes an AI-generated synthetic performer they know about, from June 9, 2026 (Lowenstein Sandler; Troutman Pepper Locke).
Tennessee and the ELVIS Act
Tennessee's Ensuring Likeness, Voice and Image Security Act was signed March 21, 2024 and took effect July 1, 2024. It added voice, including simulated voice, to the state's Personal Rights Protection Act, made it unlawful to distribute a tool whose primary purpose is producing a person's voice or likeness without authorization, and allows enforcement as a Class A misdemeanor as well as through civil suits, according to Covington. Our voice and likeness analysis covers the act in more depth.
Likeness rights and AI
AI does two things that strain older publicity law. It can imitate a voice or face convincingly without copying any particular recording, and it can produce that imitation at scale, often through tools run by someone other than the person who publishes the output. Courts adapted to the first problem decades ago: Midler held that imitating a famous singer's distinctive voice to sell a product can be actionable in California (849 F.2d 460). The newer statutes target the second problem by reaching distributors and tool makers.
Voice cloning
A voice clone is covered wherever a state's statute or common law protects voice, which includes all four states in the table. The harder questions are about commercial purpose and who is liable. Tennessee reaches the maker of a tool built mainly for unauthorized replicas (Covington). Illinois reaches anyone who knowingly distributes a recording containing an unauthorized replica, and those who knowingly facilitate it (765 ILCS 1075/30). In Lehrman v. Lovo, the court held that New York's statute could reach AI voice clones used in New York for commercial purposes (Skadden).
Digital replicas
"Digital replica" has become a defined legal term. Illinois defines it as a newly created electronic representation of a real person's voice, image or likeness, fixed in a recording or audiovisual work, that a reasonable person would believe is that individual (765 ILCS 1075/5). California's AB 1836 uses the same definition as AB 2602 with its own exceptions, according to the Daily Journal. Sexual deepfakes are mostly handled by separate criminal and civil laws rather than publicity law; see are deepfakes illegal and the federal TAKE IT DOWN Act.
The federal NO FAKES Act
The NO FAKES Act of 2026 (S. 4591) would create a federal right to authorize digital replicas of one's voice and visual likeness that survives death, with statutory damages and a notice-and-takedown system for platforms. Senate Judiciary reported it in June 2026, but as of November 9, 2026 it has had no floor vote. As reported, it would preempt state digital replica laws enacted after January 2, 2025 while preserving earlier ones (reported text). Details are on our NO FAKES Act page.
Post mortem right of publicity
Whether the right survives death, and for how long, varies more than any other feature. California protects deceased personalities for 70 years (Senate Judiciary analysis), Illinois for 50 years (765 ILCS 1075/30(c)) and New York for 40 years (Civil Rights Law § 50-f(8)). Tennessee gives heirs an exclusive ten-year term after death, after which the right continues for as long as it is commercially used and ends after two years of non-use; the ELVIS Act counts the commercial availability of a recording as use (Tenn. Code § 47-25-1104, ELVIS Act redline).
Post-mortem rules matter most for AI because estates now license, and police, digital recreations of performers. New York's 2025 amendment replaced a disclaimer-based rule with a consent requirement for deceased performers' digital replicas in expressive works, according to Katten. California's AB 1836 does the same for audiovisual works and sound recordings (Cozen O'Connor). New York's post-mortem right applies only to people domiciled in the state when they died, so the law of a person's last home often decides whether an estate has any claim at all.
Right of publicity examples
- Sound-alike advertising. Ford's agency hired a singer to imitate Bette Midler after she declined; the Ninth Circuit held the deliberate imitation of a distinctive voice to sell a product can be actionable (Midler v. Ford).
- AI voice clones sold as a service. Two voice actors alleged an AI company cloned their voices and sold them to customers; their New York publicity and consumer protection claims survived dismissal in July 2025 (Skadden).
- Synthetic performers in ads. From June 9, 2026, an advertiser reaching New York audiences must disclose a known AI-generated synthetic performer (Lowenstein Sandler).
- Recreating a deceased performer. In California and New York, using a digital replica of a deceased performer in a film or recording now generally requires the estate's consent (Cozen O'Connor; Katten).
Uses that usually fall outside the right include news reporting, documentaries and biographies, commentary, parody and satire. Illinois lists these exemptions in detail, though it removes them for digital replicas that create a false impression the person actually took part (765 ILCS 1075/35).
When to talk to a right of publicity lawyer
Publicity claims turn on state law, so the first questions are where the person lived, where the use happened and whether the use was commercial. Legal advice tends to matter in a few situations: before signing a contract that grants rights to create a digital replica of your voice or likeness, since California makes some of those terms unenforceable without representation (Manatt); when an estate is deciding whether to license or challenge a recreation of a deceased relative; when a business plans to use a real person's voice or face, or a synthetic performer, in advertising; and when a takedown notice or demand letter arrives.
Practical steps before any of those conversations are the same: keep copies of the content and where it appeared, note the dates, and keep any contracts or releases you have signed. Time limits for these claims are set by state law and can be short. This page is general information, not legal advice, and SD Frivolous does not refer readers to lawyers.
The right of publicity is state law, so protection for your name, face and voice depends on where you live and where the use happens. Tennessee, California, Illinois and New York now cover AI voice clones and digital replicas, with post-mortem terms from 40 to 70 years in the last three. A federal right exists only as a bill: the NO FAKES Act, pending as of November 9, 2026.
What changed
- 2026-11-09: State table and federal bill status checked as of this date.
- 2026-06-24: NO FAKES Act (S. 4591) reported to the Senate by the Judiciary Committee.
- 2026-06-09: New York synthetic performer advertising disclosure law took effect.
- 2025-12-11: New York enacted S.8391 (deceased performers' digital replicas) and S.8420-A (synthetic performers in ads).
- 2025-07-10: Lehrman v. Lovo: New York publicity claims over AI voice clones allowed to proceed.
- 2025-01-01: California AB 2602 and AB 1836 and the Illinois digital replica amendment took effect.
- 2024-07-01: Tennessee ELVIS Act took effect.
Frequently asked questions
What is the right of publicity?
It is a state-law right to control commercial use of your identity, typically your name, image, likeness and voice. Using someone's identity to advertise or sell a product without written consent is the classic violation. News, commentary, parody and most expressive works are usually exempt.
Is there a federal right of publicity?
No. As of November 9, 2026, the right exists only under state statutes and court decisions. The NO FAKES Act (S. 4591) would create a federal right covering digital replicas of voice and visual likeness; it was reported by Senate Judiciary in June 2026 but has not had a floor vote.
Does the right of publicity cover AI voice clones?
In many states, yes. Tennessee's ELVIS Act expressly covers simulated voices, Illinois and California regulate digital replicas, and a New York federal court let voice actors pursue state publicity claims over AI voice clones in 2025. Whether a particular clone is actionable depends on the state and on commercial use.
How long does the right of publicity last after death?
It depends on the state. California protects deceased personalities for 70 years (Senate Judiciary analysis), Illinois for 50 and New York for 40. Tennessee grants ten years and then continues the right while it is commercially used, ending it after two years of non-use. Some states recognize no post-mortem right at all.
Sources
- Illinois Right of Publicity Act, 765 ILCS 1075 (Justia, 2025 compilation)
- California Civil Code § 3344 (Counsel Stack)
- New York Department of State: Civil Rights Law § 50-f text
- Congress.gov: S. 4591, NO FAKES Act of 2026
- Midler v. Ford Motor Co., 849 F.2d 460 (9th Cir. 1988)
- Covington: Tennessee enacts the ELVIS Act
- Manatt: California enacts new AI and digital replica laws
- Cozen O'Connor: new California AI laws on AI replicas
- California Senate Judiciary Committee: AB 1836 analysis (July 2024)
- Katten: New York enacts new AI laws (S.8391)
- Lowenstein Sandler: New York synthetic performer disclosure law
- Skadden: New York court tackles AI voice cloning (Lehrman v. Lovo)
This page is journalism and commentary, not legal advice. AI law changes quickly; check the primary sources above and consult qualified counsel for your situation.