Not long ago, we thought that social media offered near-limitless opportunities to monetize athlete intellectual property (IP). Generative AI has been a sobering development. From digital replicas and voice cloning to highly realistic deepfake videos, artificial intelligence creates a portfolio of new risks that athletes must confront. Endorsement, NIL and similar deals through which sports stars capitalize on their brands have a long history and involve standard industry practices. However, AI raises new legal and practical issues that demand attention at every stage.

Growing threat of unauthorized AI use

AI creates a growing threat of unauthorized use. AI deepfake technology allows bad actors to generate convincing content depicting a star endorsing a product, delivering a political message, or associating with a cause. Incidents have already been documented globally, recently a deepfake of Brady Tkachuk mocking Canadians after the Winter Olympics and nonconsensual imagery of female Olympians posted on 4chan.

This category of harm sits at the intersection of multiple legal theories. A false AI-generated endorsement may give rise to right-of-publicity, Lanham Act, state consumer protection and common law fraud claims. The challenge is speed: AI-generated content spreads across platforms in minutes, and by the time takedown notices are issued or litigation initiated, the damage is done. Statutes are also not without their limitations, especially because most were not drafted with AI in mind. This is especially true given the patchwork of state right-of-publicity laws. For example, while California and New York provide broader protection, other states offer more limited protection. At the federal level, the bipartisan NO FAKES Act would establish a federal right of........

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