Legal Framework of Potential Claims
James’ potential legal claims operate across multiple areas of law, each presenting distinct challenges and opportunities in what could become landmark litigation for AI-generated content.
Right of Publicity Claims
The strongest foundation for James’ case likely rests on right of publicity violations. California Civil Code Section 3344 provides robust protection for an individual’s name, voice, signature, photograph, or likeness when used commercially without consent. The law specifically prohibits knowingly using another’s likeness for advertising, selling, or soliciting purchases without written consent.
Courts have generally interpreted “likeness” broadly to include recognizable depictions that don’t require exact photographic reproduction. The California Supreme Court’s decision in Comedy III Productions v. Gary Saderup (2001) established that even artistic renderings can violate publicity rights when they primarily exploit the commercial value of a celebrity’s identity rather than adding significant creative expression.
