Matthew McConaughey trademarks himself to fight AI misuse and unauthorized deepfakes

Reviewed byNidhi Govil

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Oscar-winning actor Matthew McConaughey has secured eight trademarks from the US Patent and Trademark Office to protect his voice and image from unauthorized AI impersonations. The move marks the first time an actor has used trademark law to combat AI-generated deepfakes, creating a potential legal precedent as Hollywood grapples with digital identity theft.

Matthew McConaughey Takes Unprecedented Legal Action Against AI Misuse

Matthew McConaughey has become the first actor to use trademark law to protect his likeness and voice from unauthorized AI impersonations, securing eight trademarks from the US Patent and Trademark Office over recent months

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. The trademarks cover video and audio clips featuring the actor in various situations, including his famous catchphrase "alright, alright, alright" from Dazed and Confused, a seven-second clip of him standing on a porch, and a three-second clip of him sitting in front of a Christmas tree

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. Alina Trapova, Assistant Professor at University College London who has worked on copyright and AI for more than eight years, confirmed this represents the first time an actor has attempted to use trademark law to their benefit against AI

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Source: New York Post

Source: New York Post

Creating Clear Boundaries Around Consent and Attribution

The actor's decision to pursue trademarking himself stems from a desire to establish control over his digital identity in an era where generative AI tools can convincingly replicate voices and faces. "My team and I want to know that when my voice or likeness is ever used, it's because I approved and signed off on it," McConaughey stated in an email to The Wall Street Journal. "We want to create a clear perimeter around ownership with consent and attribution the norm in an AI world"

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. His lawyer Kevin Yorn acknowledged the uncertainty surrounding this approach, admitting they don't know how courts would decide if an offender challenges the trademarks, but hoping the threat of legal action would deter companies from using McConaughey's likeness for AI without permission

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Source: BBC

Source: BBC

Why Trademark Law Offers Advantages Over Traditional Protections

While most US states already have right-of-publicity laws that prevent a person's likeness from being used to sell products without consent, McConaughey's legal team believes trademarks may offer stronger deterrence against AI misuse

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. Trademark law provides federal enforcement tools that can be more effective than state-by-state right-of-publicity laws, which vary widely and remain largely untested in AI-specific cases

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. A secondary aim of the trademarks would be to "capture some of the value that is being created with this new technology," Yorn told AFP

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. By treating his identity as a brand asset, McConaughey is effectively asserting that if AI tools can commercialize him, he can legally protect himself like a product

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Growing Wave of Celebrity AI Impersonations Across Hollywood

Matthew McConaughey joins a growing list of celebrities who have faced AI-generated deepfakes and unauthorized use of their digital identity. Earlier this year, clips circulated online of an AI-generated version of Tom Hanks advertising "miracle cures and wonder drugs" as part of online scams

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. Taylor Swift has also endured a wave of fake video, audio and images online created by AI tools, including sexually explicit content generated without prompting

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. In 2024, Scarlett Johansson expressed shock and anger after OpenAI launched a chatbot with an "eerily similar" voice to her own, though the company later removed it

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. Robert Downey Jr. has also taken a strong stance, telling the On With Kara Swisher podcast in 2024 that he intends "to sue all future executives" who attempt to create digital replicas of him

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McConaughey's Partnership with ElevenLabs Demonstrates Controlled AI Use

Despite his protective stance, Matthew McConaughey is not opposed to generative AI when used with proper authorization. The actor is an investor in ElevenLabs, an AI audio company specializing in voice modelling, and has partnered with the startup to create a Spanish version of his newsletter "Lyrics of Livin'"

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. He has collaborated with the New York-based company since its founding in 2022

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. In November, he joined legend Michael Caine in a partnership with ElevenLabs to produce virtual replications of their voices

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. This distinction is critical: the issue isn't AI generation itself, but who controls it and whether proper consent has been obtained.

Source: Euronews

Source: Euronews

SAG-AFTRA Strike and Ongoing Battles to Protect Digital Identities

The entertainment industry has been grappling with AI-related concerns since the technology gained widespread attention. Actors in Hollywood secured new contractual protections against AI representations of them being made without their consent after the 2023 SAG-AFTRA strike, where protections against digital replicas became a central issue

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. However, some legal experts argue these safeguards do not go far enough. Legal scholar Victoria Haneman has called for stronger protections, including granting estates the right to digital deletion to prevent "digital resurrection" and preserve what she describes as "the right to be dead," in a paper published in the Boston College Law Review

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. Dr. Sandra Wachter, Professor of Technology and Regulation at the University of Oxford, noted that "it is simple for companies to take your work and train a model to do your job. It is comparatively difficult for you to protect your work in the first place"

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Implications for Celebrity Intellectual Property and Future Legal Precedent

Whether McConaughey's strategy of trademarking himself sets a legal precedent remains to be seen, but experts believe more celebrities may follow suit. Professor Trapova told the BBC that celebrities are experimenting with different forms of protection as "unauthorised commercialisation" of their likeness in the forms of deepfakes becomes "more and more challenging in the age of AI"

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. She noted that for Hollywood stars, unauthorized AI use "is often a case of missed licensing opportunities" beyond just reputational concerns

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. As AI voice cloning tools become easier to access, cheaper to use and harder to detect, the need to protect digital identities extends beyond celebrities to influencers and everyday users

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. Lawmakers are still debating broader protections, including proposals like the No Fakes Act, which would give individuals stronger rights against unauthorized digital replicas, but progress has been slow

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. Until comprehensive legislation arrives, celebrities experimenting with trademark law may shape how courts interpret AI misuse and how platforms design future safeguards.

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