The growing pervasiveness of generative AI is creeping further into the sports and entertainment world, raising the prospect of athletes, coaches and other figures bringing NIL, right of publicity and intellectual property lawsuits over deepfakes and other AI-generated misuses.
A couple of weeks ago, the White House posted on TikTok a video clip showing an AI-altered Ottawa Senators captain and Olympic gold medalist Brady Tkachuk at a press conference. The AI version of Tkachuk mocks Canada, which the U.S. defeated in the gold medal game.
“They booed our national anthem,” the AI Tkachuk said, “so I had to come out and teach those maple syrup-eating f—s a lesson.”
The TikTok clip includes a generic label that says “Contains AI-generated media,” though not all viewers might see that, or they might assume that another part of the 45-second TikTok clip is AI-generated. Tkachuk told media he dislikes the video and stressed that “it’s clearly fake, because it’s not my voice, not my lips moving.”
The clip, which had more than 12 million views as of Saturday, is among the most popular on the White House’s TikTok page. While some or even most people watching the clip might realize it’s fake, the clip shows Tkachuk in a real setting. Many people, especially those who aren’t hockey fans, might not know what his voice sounds like.
This is not the first time people, including members of the media, have been duped by AI content in sports.
AI-generated content on social media accounts last summer claimed that New England Patriots quarterback Drake Maye and his wife Ann Michael Maye were donating their wedding gifts to charity. It seemed like a kind and not implausible gesture by an NFL starting quarterback, and major media publications reported on the supposed good deed, except it was an AI-generated hoax.
Back to Tkachuk. The former Boston University star complained that he’s “not in control” of the White House’s social media account and thus he “can’t do anything about” the fake clip. Tkachuk seems offended and annoyed, but he isn’t going to sue President Donald Trump.
Yet with AI becoming more prevalent and realistic-looking on social media, especially through fake videos, repurposed footage and doctored images, the risk of athletes being victimized by AI-generated content is real. It’s only a matter of time before someone sues.
An athlete in Tkachuk’s position could argue an AI-generated clip violates his right of publicity, which forbids the commercial use of another person’s identity—be it their NIL or uniquely identifying characteristics such as their voice and mannerisms—without their consent. The right of publicity was key to Ed O’Bannon’s case against the NCAA over the unauthorized use of college athletes’ likenesses in video games. In court, Tkachuk could maintain his brand and persona have been harmed by the clip, especially since his employer is a Canadian company, and he’s a public figure in Canada.
There are other possible claims in Tkachuk’s situation. He might assert the clip is a false endorsement in violation of the Lanham (Trademark) Act. The AI version of Tkachuk draws from his persona to promote the brand of the White House and Trump and to increase engagement—all without Tkachuk’s blessing.
Defamation, which refers to a false statement of fact that is reputationally damaging, and false light, which is a technically true statement but is presented in a highly deceiving fashion, are other possible legal actions. Statements attributed to Tkachuk in which he maligns Canada could be damaging to his reputation.
A defense for this hypothetical lawsuit could be fair use, which is unauthorized but lawful copying. Tkachuk is a public figure who, by playing in the USA-Canada Olympic gold medal game, was part of a highly public event that attracted comment, discussion and satire. The clip is arguably also a reflection of the content creator’s artistic use of AI. The White House could also insist that while Tkachuk was annoyed, he wasn’t harmed in a way the law ought to remedy.
Plus, some viewers may have been on a “Trump AI-watch” of sorts, with the president sharing an AI clip of him fighting a Canadian hockey player. Perhaps the Tkachuk clip was merely playful teasing between the U.S. and Canada, though Trump imposing controversial tariffs on Canada and opining Canada should be the “51st state” arguably cuts against the “it’s all a joke” narrative.
Athletes and other sports figures have an interest in generative AI being used by podcasts and shows, too. Last week, Deadline reported that attorneys for Emmy-nominated actor Jared Harris sent a cease-and-desist letter to the producers of a podcast that used a clip of an AI-generated Harris. The clip was part of promotional materials for Films Not Made, a podcast described as turning to AI to “resurrect dead Hollywood movie pitches.”
Harris told Deadline the unauthorized depiction highlights why content creators—a category that includes athletes who are influencers and post on social media—have reason to police “the unauthorized use of one’s image, voice, work or likeness without prior consultation where the intention is to generate an income stream.” To that point, the podcast is a commercial venture that generates income through advertisements and subscriptions.
Athletes and entertainers can also turn to criminal law to combat deepfakes, though only in limited circumstances. Last year, Trump signed into law the Take It Down Act, which makes it a crime to display nonconsensual intimate imagery without consent and is intended to combat digital sexual exploitation. Several states, including California and Florida, have adopted similar laws.
Yet the kind of misrepresentations experienced by Tkachuk and Harris aren’t within the ambit of intimate imagery laws. They are simple fake depictions of real people. For that reason, civil litigation grounded in NIL, right of publicity and related intellectual property claims will likely become athletes’ and entertainers’ most powerful tool for pushing back against AI-generated deepfakes.
