Tessquire

Last November, actress Scarlett Johansson issued a cease-and-desist letter to an app that used her image and likeness in an online advertisement without her permission.

Lisa AI, an artificial intelligence image-generating app, posted an alleged advertisement on the social media platform X to promote its feature titled I: 90s Yearbook & Avatar. The since-removed advertisement allegedly featured real video footage of Johansson that had been manipulated to sound like an advertisement for the AI image generator. 

Based on a summary of the video posted online, the video’s dialogue allegedly used real imagery of the actress with a fake voice imitating Johansson to describe the app’s features with an endorsement that said:  “It’s not limited to avatars only. You can also create images with texts and even your AI videos. I think you shouldn’t miss it.” In a possible attempt to place the consumer on notice, the fine print under the advertisement read: “Images produced by Lisa AI. It has nothing to do with this person.” Since the cease-and-desist letter was issued, the advertisement has not appeared online. 

This cease-and-desist letter is not the first time Scarlett Johannson has made headlines for weighing in on AI-manipulated images. In a 2018 interview with The Washington Post, Johansson called for regulations against deepfakes.The actress stated, “nothing can stop someone from cutting and pasting my image or anyone else’s onto a different body and making it look as eerily realistic as desired . . . There are basically no rules on the internet because it is an abyss that remains virtually lawless, withstanding US policies which, again, only apply here.”

This Lisa AI advertisement is one of countless instances involving celebrities facing the manipulation of their image and likeness online without their consent. This manipulation of likeness is seen even outside the advertising realm. A recent uptick in AI- generated music has resulted in popular musicians, such as Drake, being seen performing AI-generated songs online. 

In the past, Congress has introduced several pieces of legislation aimed at addressing the unauthorized use of deepfakes to place more regulation on deceptive advertising practices. This includes the “Defending Each and Every Person from False Appearances by Keeping Exploitation Subject to Accountability Act of 2021” (H.R. 2395; 2021-2022 Session); the “No Artificial Intelligence Fake Replicas And Unauthorized Duplications Act of 2024” (H.R. 6943; 2023-2024 Session); and the “Nurture Originals, Foster Art, and Keep Entertainment Safe” Act of 2023. 

We are seeing a call for regulation not just in an official political arena; but also in contractual matters affecting celebrities. The call for regulation of AI technology was one of the issues for writers and actors alike during the SAG-AFTRA strike. SAG-AFTRA president Fran Drescher, during a press conference in July, stated that the “entire business model has been changed by streaming, digital, [and] A.I.” Many writers and actors highlighted the need for greater protections now that there has been such a great shift in the landscape. 

The problem is that the technology is often developed faster than the law can keep up to regulate it.  As AI technology continues to become more accessible, the need to have safeguards in place to protect our privacy is more important than ever. Stay tuned for a closer look at the current privacy law landscape in the US. 

Xoxo, Tessquire