Is it legal to use an AI lookalike if I never name the person?

It is not safe. In Onassis v. Christian Dior a New York court held that an ad with a look-alike infringed Jacqueline Onassis’s rights, and a robot that evoked Vanna White was enough for her claim to go ahead. What matters is whether people recognize the person.

Can I use AI images of my own employees?

Yes, with their written consent for that use. New York, for example, requires written consent before a person’s portrait or likeness is used in advertising. Put the AI use, the channels and what happens when they leave into the consent form.

Does an "AI-generated" label make a celebrity image acceptable?

No. The EU guidelines say labeling does not make an unlawful deepfake lawful, and the FTC says an unauthorized celebrity avatar breaks its rule if people would think the celebrity gave the testimonial. The label and the permission are separate requirements.

Do these rules cover people who have died?

In several states, yes. California’s Civil Code § 3344.1 and New York’s Civil Rights Law § 50-f cover digital replicas of deceased personalities and performers, and Tennessee requires consent from the executor or heirs of a deceased person. Estates often manage these rights.

Can you use AI to make images of real people?

Checked September 24, 20266 min read

Short answer

For advertising, only with the person’s written permission. Most US states protect a right of publicity, so using someone’s face, voice or a lookalike to sell something without consent can cost you damages, and New York, California and Tennessee have added rules for AI replicas. The federal NO FAKES Act of 2026 cleared the Senate Judiciary Committee in June 2026 but is not law. In the EU and UK, data protection, image and passing-off laws lead to the same answer.

The short answer, and why lookalikes count

The US Copyright Office’s July 2024 report on digital replicas found that a majority of states recognize a right of publicity, by statute, court decisions or both, and that the rules vary widely between them. Lookalikes are covered. The report cites Onassis v. Christian Dior (New York, 1984), where an ad using a look-alike of Jacqueline Onassis was found to infringe her rights, and a federal appeals case where a robot that evoked Vanna White was enough for her claim to go forward.

The tools set the same rule. OpenAI’s Service Terms, updated June 12, 2026, forbid using its image features to reproduce anyone’s likeness without express consent and all necessary rights.

US state laws to know

State	Law	What it covers	At stake
New York	Civil Rights Law §§ 50 and 51	A name, portrait, picture, likeness or voice used for advertising or trade without written consent	An injunction, damages, and extra damages if done knowingly
New York	Civil Rights Law § 50-f (revised December 2025)	Digital replicas of deceased performers used without authorization	A civil claim
New York	General Business Law § 396-b (in force June 9, 2026)	Ads showing an AI-generated person who is not a real, recognizable performer must say so	$1,000 for a first violation, $5,000 after
New York	General Obligations Law § 5-302	A contract term letting a replica do work the person would have done in person is void unless the uses are described specifically or the person had a lawyer or union	The term cannot be enforced
California	Civil Code § 3344	A name, voice, signature, photograph or likeness used in ads without prior consent	At least $750, or actual damages
California	Civil Code § 3344.1 (AB 1836, in force January 1, 2025)	Digital replicas of deceased personalities in audiovisual works or sound recordings without consent	At least $10,000, or actual damages
California	Labor Code § 927 (AB 2602)	The same contract rule as New York, for performances recorded from January 1, 2025	The term cannot be enforced
Tennessee	ELVIS Act, Public Chapter 588 (in force July 1, 2024)	Name, photograph, voice or likeness, including simulated voices, and tools whose main purpose is producing a specific person’s likeness	A civil claim

Checked September 24, 2026 on each state’s official legislation site.

Federal law adds false endorsement. The Lanham Act, the US trademark statute, covers uses likely to confuse people about whether someone sponsors or approves a product, and the Copyright Office report notes successful claims over lookalikes and soundalikes in ads. The FTC’s fake reviews rule also bars a celebrity avatar that people would take for a real testimonial; see FTC rules for AI product images.

The NO FAKES Act: where it stands

Congress has two versions. The NO FAKES Act of 2025 (S. 1367 and H.R. 2794), introduced April 9, 2025, has not left committee. A new NO FAKES Act of 2026 (S. 4591) was introduced on May 20, 2026. The Senate Judiciary Committee reported it with a substitute text on June 24, 2026, and it was placed on the Senate calendar as No. 446. The House version (H.R. 8915) was in committee. The official bill record we checked on September 24, 2026 showed no floor vote.

As reported, the bill would create a federal right to authorize digital replicas: new, computer-generated, highly realistic versions of a person’s voice or visual likeness that people can readily identify. A license from a living person would last at most 10 years and would need to be written, signed and include a reasonably specific description of the intended uses. Licenses for minors would be capped at 5 years and need court approval. For now, state law governs.

Europe and the UK

EU data protection. A photo of an identifiable person is personal data under the GDPR (Article 4(1)), so using it as a reference for an AI image needs a legal basis. Face images become biometric data, a special category, only when processed with technical means to identify someone uniquely (Recital 51).
Image rights in member states. Germany, for example, lets you publish a person’s portrait only with their consent, and for 10 years after death only with the consent of relatives (Art Copyright Act, section 22).
EU AI Act. A realistic AI image of a real person in an ad is a deepfake that needs a visible AI label from August 2, 2026, and the Commission’s guidelines say the label does not make an otherwise unlawful image lawful. See the EU AI Act guide.
United Kingdom. English law has no general image right (Fenty v Arcadia, Court of Appeal, January 22, 2015). Rihanna still won that case under passing off, because buyers were likely to think she had approved a Topshop t-shirt bearing her photo. The ASA said in June 2026 that an AI celebrity endorsement that looks real is likely to breach the advertising code, and the government said in March 2026 it will consider a new personality right.

Prompts that create lookalike risk

You do not need to name a person to copy them. A prompt for "a woman who looks like" a named star, a public figure’s photo uploaded as a face reference, or a request for a famous person’s signature look all aim the model at a real identity. Models can also produce an accidental lookalike of a private person, a problem the Copyright Office report records from public comments. For the rules on reference photos in general, see using other people’s photos as AI references.

Never name a real person, living or dead, in an image prompt for an ad.
Use only faces you hold a release for, or fully synthetic people made with no real face as input. See casting AI models responsibly.
Before launch, have two people check whether the face resembles anyone known, including staff and past talent.
Change any feature that triggers a resemblance before the image goes anywhere.

Before a real person goes into an AI ad

Written consent that names AI generation and alteration, beyond ordinary photography.
A specific list of uses: channels, countries, formats and how long.
Approval rights for the person over final images, if you agreed to them.
Payment terms for each use, as you would set usage fees on a shoot.
For anyone under 18, consent from a parent or guardian.
For union performers, the union’s digital replica rules. See model releases for AI models.
EU and New York labels where they apply.
Deletion of reference photos and replica files when the license ends, if the contract requires it.

Questions people also ask

Is it legal to use an AI lookalike if I never name the person?: It is not safe. In Onassis v. Christian Dior a New York court held that an ad with a look-alike infringed Jacqueline Onassis’s rights, and a robot that evoked Vanna White was enough for her claim to go ahead. What matters is whether people recognize the person.
Can I use AI images of my own employees?: Yes, with their written consent for that use. New York, for example, requires written consent before a person’s portrait or likeness is used in advertising. Put the AI use, the channels and what happens when they leave into the consent form.
Does an "AI-generated" label make a celebrity image acceptable?: No. The EU guidelines say labeling does not make an unlawful deepfake lawful, and the FTC says an unauthorized celebrity avatar breaks its rule if people would think the celebrity gave the testimonial. The label and the permission are separate requirements.
Do these rules cover people who have died?: In several states, yes. California’s Civil Code § 3344.1 and New York’s Civil Rights Law § 50-f cover digital replicas of deceased personalities and performers, and Tennessee requires consent from the executor or heirs of a deceased person. Estates often manage these rights.

Where Overs fits

For worn or held products, Overs first makes a character sheet of one model, which you approve, and uses that person in every later photo. Any real person’s photo you upload as a reference falls under the consent rules on this page.

Free for 40 photos a month. The AI that makes the photos is billed separately, on your own key, with no markup from Overs.

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Sources

Checked on September 24, 2026. Prices, specs and rules change; follow the links for the current versions.