How generative AI is impacting athlete image rights and endorsement agreements

Whilst the birth of artificial intelligence (AI) can be traced back to the 1940’s, we have seen an explosion in the widespread use of Generative AI in the last few years with the introduction of publicly available tools, such as ChatGPT, Midjourney and Adobe Firefly. This has enabled more people the opportunity to create authentic looking audiovisual content at speed, including the creation of authentic looking images of athletes, without the need to capture any additional photos or film of the person in question.

Whilst this can be put to positive use when activating an endorsement deal, such as the creation of images without the need to organise a time consuming, expensive photo shoot, it can also be used by negative actors, such as those creating unauthorised deepfakes. As lawmakers attempt to legislate for the use of AI, what impact are we likely to see on image rights? And if an athlete is entering into an endorsement deal, how should they address the use of Generative AI as part of the engagement? This article explores these questions, looking at:

• What is ‘Generative AI’?
• Image rights, deepfakes and regulating AI
• Licensing content to AI companies
• Practical tips for athletes and brands when negotiating endorsement deals