Victims of Digital Replication: Comparative Legal Responses to Deepfake Violation of Celebrities’ Publicity Rights in the USA, the European Union and India

The last decade has witnessed a significant rise in disruptive technologies, particularly in artificial intelligence (AI) and machine learning, profoundly impacting sectors such as media and entertainment. As countries seek to regulate these advancements, the implications of generative AI for the media industry, especially celebrities, are critical. Deepfake technologies pose a threat to reputation, personal autonomy, as well as the dignity of celebrities. The substantial influence enables hyper-realistic manipulations of identity. Unauthorized AI-generated images of celebrities threaten their monetization rights and goodwill, making them victims of technology. The USA hosts the largest generative AI companies in the world and a galaxy of celebrities. Voices from victims of deepfakes are getting stronger day by day in the USA. Understanding the threats of AI, the European Union has been proactive in formulating the AI Act. Comprehensive AI regulation alongside robust privacy laws should provide better protection to the victims. With a thriving media and entertainment industry in the USA, the European Union and India, the current research explores existing protections for celebrities in these jurisdictions, harmonizing with freedom of speech rights. The research focuses on attacks on the earnings of celebrities by unauthorized use of their personality traits, making them victims of deepfakes, and the legal recourse available in these three jurisdictions. This study employs a multidisciplinary approach, combining legal analysis, case studies and comparative evaluation. The methodology aims to illuminate the vulnerability of celebrities as victim amid the rise of deepfakes by highlighting the threat to their right to publicity. The article discusses the available regulatory remedies and their practical implications for protecting against misuse and providing technology-neutral frameworks to balance victim protection with innovation.