Your Legal Digital Identity in the AI AGE

From the USA to Bleeding Edge Denmark

In an age where artificial intelligence can replicate anyone’s face, voice, or likeness with eerie accuracy, the concept of a “digital you” has become both a marvel and a menace.

Deepfakes—synthetic media that convincingly mimics real people—pose significant risks, from non-consensual pornography to misinformation campaigns.

As AI tools proliferate, individuals are increasingly vulnerable to unauthorized use of their identity.

Publicity Rights and Remedies in the United States

The United States offers a patchwork of protections against undesired publicity, whether involving authentic images or AI-generated synthetics.

Out of 50 states, 48 provide some form of cause of action for the unauthorized use of an individual’s name, image, or likeness. These “right of publicity” laws vary in scope but generally allow individuals to control commercial exploitation of their identity.

The exceptions are Nebraska and New York. In Nebraska, there is no statutory or common law right of publicity at all. New York, intriguingly, recognizes publicity rights primarily postmortem—meaning protections kick in only after a person’s death, leaving living individuals with fewer direct avenues under state law.

For particularly egregious misuses, such as creating AI-generated pornography using someone’s likeness, victims can often pursue criminal charges.

These fall under broader harassment statutes, which may classify such acts as cyberstalking, revenge porn, or invasion of privacy depending on the jurisdiction.

What to Do about Your Deepfake

If you encounter this, one immediate step is to report the incident to your local county sheriff or law enforcement agency, urging them to investigate and enforce relevant laws.

Civil remedies are also available and can be powerful tools for individuals.

Start by sending a cease-and-desist letter to the perpetrator, demanding they stop using your identity, image, or likeness without permission. If they ignore it, you can escalate to a lawsuit for appropriation of likeness, seeking monetary damages, injunctions to remove the content, and potentially punitive awards if malice is proven.

Additionally, the Digital Millennium Copyright Act (DMCA) provides a federal mechanism:

= Issue a takedown notice to the website or platform hosting the material, compelling them to remove it promptly or face liability.

Corporate Entities v People (Individuals)

An interesting asymmetry exists between individuals and corporations that I want to flag.

Companies often have stronger legal recourse because they can leverage intellectual property laws more effectively due to having additional causes of action.

For instance, a business owning trademarks or copyrights in character likenesses (think Disney’s Mickey Mouse) can swiftly pursue infringers with cease-and-desist demands backed by substantial resources.

An individual’s recourse is far more limited.

A Suggested Solution?

This disparity in recourse for publicity infringement as between companies and individuals raises a provocative question:

Should individuals consider formalizing their own rights?

One strategy is to license your image and likeness to a company or a trust that you control, such as a personal LLC. It costs nothing, but could preserve or capture present or future value to do so.

Transforming your personal identity into a protected asset, potentially affording you corporate-level enforcement options, gives you a strong legal leg to stand on.

While not foolproof, it’s a creative way to assert control in an unregulated digital Wild West of AI creation and unexpected proliferation.

Celebrities exemplify the stakes involved.

Taylor Swift, for example, has faced deepfake scandals and was able herself (and her “people” on her behalf) to respond with aggressive legal action/s.

Her team has locked down her likeness through contracts, trademarks, and publicity rights, turning her digital identity into a multimillion-dollar asset.

The lesson?

The value of your digital self shouldn’t be determined by exploiters—proactively pricing and protecting it could be key.

A Look Ahead From Denmark’s Novel Copyright Law

While the US relies on a state-by-state framework, Denmark is forging ahead with innovative legislation that could set a global precedent.

In June 2025, the Danish government proposed amendments to its copyright law to explicitly grant individuals copyright-like protections over their own body, facial features, voice, and likeness.

The move aims to combat the rising threat of AI-generated deepfakes by treating personal identity as an intellectual property right, allowing citizens to control and potentially monetize their digital selves much like artists do with their creations.

This is wholly new in the Law.

Under the proposed bill, which is expected to be enacted by the end of 2025, Danes would gain the ability to sue for infringement if their likeness is used without consent in synthetic media.

Its expected to include: deepfake videos, audio manipulations, or images created for malicious purposes like harassment or misinformation.

The law draws inspiration from traditional copyright principles but applies them to biometric data, marking a significant evolution in privacy rights. Exceptions are carved out for fair use scenarios, such as parody, satire, caricature, or journalistic purposes, ensuring freedom of expression isn’t unduly stifled.

Denmark’s move is particularly timely given the EU’s broader AI Act, which regulates high-risk AI systems but doesn’t specifically address personal likeness rights at the individual level. By integrating these protections into copyright law, Denmark sidesteps some of the complexities of personality rights (which vary across Europe) and creates a more enforceable regime.

Who owns your face?

Your voice?

Your gait?

Taking Control in am AI-Synthesized World

As AI blurs the line between real and fake, protecting your digital identity is no longer optional—it’s essential.

In the US, a combination of state publicity rights, criminal statutes, and federal tools like the DMCA offers solid defenses, though proactive steps like self-licensing could enhance them.

Denmark’s 2025 copyright reforms represent the cutting edge, treating personal likeness as a proprietary asset and providing a model for future global standards.

Ultimately, who decides the value and use of your digital self? It should be you. Whether through legal action, self-incorporation, or advocating for progressive laws, now is the time to assert control—before someone else does it for you. As technology advances, so must our safeguards, ensuring the AI age empowers rather than exploits.

Law is always a lagging indicator to Technology, but clever people see ahead. So please see ahead.