In Arkansas, lawmakers are acting quickly on AR HB 1071, which adds AI-generated images and audio to the definition of “likeness” in its right of publicity law. This bill was passed out of the House on Monday and is currently being considered by the Senate. States have enacted legislation extending traditional right of publicity laws to address artificial intelligence-generated digital replicas of individuals’ voices, likenesses, and personas. Beginning in June 2026, advertisers must disclose the use of AI-generated “synthetic performers” in commercial advertisements, and a separate law—effective immediately—requires prior consent for the commercial use of a deceased individual’s name, voice, image, or likeness. But what the right protects, how it is protected, and for how long, remains a patchwork of different approaches because the right of publicity in the United States is primarily governed by state laws. In 2023, for instance, actor Tom Hanks alerted fans that an AI-generated replica of him was being used to advertise a dental plan without his permission; such scenarios might give rise to both state ROP and Lanham Act false endorsement claims. Right of publicity law varies significantly by state — here's how statutes and common law protect your name, likeness, and identity from commercial misuse. Both balance these rights against First Amendment exceptions for news, satire, and transformative works. AI has made these protections urgently relevant. Tennessee’s ELVIS Act was the first law to directly target AI-generated replicas, followed by California’s AB 2602 and AB 1836. Currently, no federal “right of publicity” exists in the United States protecting an individual’s name, likeness, or other recognizable aspects of one’s persona from commercial misappropriation (such as use in advertising). A majority of states, however, recognize such a right of publicity. Navigating the application of the right of publicity framework can be challenging due to the various state law frameworks, and it is even more complex when considering the use of AI and virtual characters across multiple jurisdictions through online platforms. To replace the growing patchwork of state digital replica legislation, the United States needs a federal right of publicity and better intellectual property (IP) protections for performers that still allow for innovation in entertainment. Right of publicity laws vary dramatically from state to state, creating complex enforcement challenges for entertainers, athletes, and the brands that represent them. Learn how these protections work across the U.S. and how Remove Your Media LLC helps clients defend their identity and likeness.