Owning your Name, Image, and Likeness (NIL)
The internet and social media have changed the way we share ourselves and do business. Now, taking charge of your personal brand is a must. However, because the legal basis for protecting NIL is rooted in rights of privacy and publicity—which vary state by state—individuals (especially celebrities, influencers, and athletes, both professional and college) must actively monitor and protect against the unauthorized commercial use of their NIL. A bill regulating the use of AI digital replicas and limiting deepfakes was recently reintroduced in Congress, but until federal standards are established, vigilance at the individual level remains crucial.
Working with professionals can help you set up strategies to control and even profit from your NIL, whether through traditional advertising or digital and experiential marketing. It’s also important to know if you need to register your rights, whether you can pass them on to your descendants, and what kind of compensation you might be entitled to claim if someone misuses your NIL. Failure to safeguard and enforce these rights can result in loss of control, reputational damage, and loss of future income.
Adapting to Change in Entertainment and Beyond
AI is transforming nearly every industry, from movies and music to the legal profession. Embracing new technology can help you find creative ways to use your NIL and grow your personal brand. However, AI’s ability to mimic and replicate voices, images, and personalities raises real concerns about authenticity, originality, and transparency.
Professionals can help you safeguard your personal brand with strategies like licensing programs, digital watermarks, and AI tools that track where your content appears to prevent unauthorized use of your NIL. Advocating for stronger industry-wide standards around digital likeness use is also important: such standards help individuals protect their reputations, maintain control over their NIL, and build sustainable businesses around their personal brand.
Although monitoring NIL usage is important, not every unauthorized use necessitates legal action, and not every legal issue needs to be litigated. It’s wise to weigh the potential financial and reputational impact before deciding how to respond; sometimes, a simple conversation or agreement can resolve a problem without the need for a legal battle.
Conclusion
In the age of AI and digital marketing, understanding the risks and opportunities of personal brand ownership is crucial. With AI-generated content on the rise, controlling your NIL is more important than ever. The future belongs to those who take charge of their personal brand, understand its value, and present themselves authentically. By doing so, you won’t just keep up—you’ll stand out and succeed.
About the Author
Elizabeth A. Corradino is the Chair of the Intellectual Property, Entertainment/Media & Technology practice group at Moses & Singer LLP. She has a diverse practice focused on solving the legal and business issues affecting content creators and distributors across digital and traditional media platforms. Liz assists advertisers, agencies, and public relations firms with clearance, compliance, and campaign execution, and advises entertainment and media companies on rights acquisitions, talent engagement, development, production, licensing, and distribution. She also counsels clients on clearing, protecting, and enforcing intellectual property, and advises individuals and companies on promotional, social media, experiential marketing, media buying, planning, and live events.
Liz serves on the Board of Directors of The Keen Company (an award-winning Off-Broadway theater company) and actively participates in professional organizations such as New York Women in Film & Television, the International Trademark Association, and the Association of National Advertisers. She is also a member of the New York State Bar Association’s Entertainment, Arts and Sports Law Section and regularly presents programs, authors articles, and comments on issues relating to entertainment and media, technology, and intellectual property law.
