Podcast Summary: How Artificial Intelligence (AI) Is Redefining Publicity Rights

ACTEC Trust & Estate Talk – October 7, 2025
Host: Travis Hayes (ACTEC Fellow, Naples, FL)
Guest: Sharon Klein (ACTEC Fellow, New York City)

Overview

This episode explores the transformative effects of artificial intelligence (AI) on publicity rights—the ability of individuals to control and profit from the use of their name, image, and likeness. Travis Hayes and guest Sharon Klein discuss the evolving legal landscape, examine real-world case studies involving digital avatars and AI-generated celebrities, and highlight the urgent need for updated legal frameworks and thoughtful estate planning in light of these technological advances.

Key Discussion Points & Insights

1. Publicity Rights Defined

• Definition: “A person's right to control and profit from the commercial use of their name, image and likeness and to prevent others from exploiting their persona for commercial gain.” (Sharon Klein, 01:28)
• Post-mortem Right: Extends beyond an individual’s life, permitting heirs/executors to enforce protections.
• State Law Patchwork: Publicity rights are governed by non-uniform state statutes and case law, resulting in a complex legal landscape.

2. AI’s Disruptive Impact

• Unprecedented Replication: New AI technologies enable creation of digital replicas, voice cloning, and avatars—raising novel legal issues, especially posthumously.
• Immortalization: “With a digital replica, people never die. They’re immortal.” (C, 02:11)
• Outdated Laws: Most current laws were drafted before such technology existed, leaving significant legal gaps.

3. Case Studies Illustrating Legal/Practical Challenges

a. ABBA ‘Abbatars’ – Consent-Based Digital Avatars ([03:09])

• A concert series in London features lifelike ABBA digital avatars (“abbatar”) using motion capture.
• All members gave consent; avatars depict them as they were in 1979.
• Economic Impact: Reportedly $1.7 billion to the London economy by 2024.
• Implications: “We have the technology to reincarnate deceased performers… They needn't be [alive] for these concerts to continue.” (C, 04:15)

b. Al Michaels & George Carlin – Voice Cloning, Consent, and Estate Protection ([05:03])

• Al Michaels: NBC used an AI-generated recreation for Olympic broadcasts with his consent and compensation.
  • Michaels’ reaction: “Astonishing and amazing.” (C, 05:24)
• George Carlin: His estate sued over a podcast using unauthorized AI voice replication.
  • Result: The podcast was pulled; California enacted legislation banning the use of digital replicas of deceased performers without estate consent.
  • “California enacted legislation… which bans the use of digital replicas of deceased performers without estate consent.” (C, 07:06)

c. Jack Nicklaus – Ownership of One’s Brand ([07:28])

• Jack Nicklaus sold his name, image, and likeness rights for estate planning in 2007; buyer claimed the right to create AI representations and exclusive ownership.
• New York court (2025) ruled in Nicklaus’ favor; his contracts did not unambiguously transfer perpetual exclusive rights.
• Lesson: “It can be fraught with risk to allow someone else to use a celebrity's identity... once you cede your control, it’s very difficult to regulate...” (C, 09:12)

4. Valuation and Estate Planning Considerations ([10:00])

a. Michael Jackson Estate Case

• IRS and estate valued Jackson’s name/image rights at wildly different amounts ($2,000 vs. $434M); court settled at $4M, focusing on reputation at time of death.
• “In future cases, the potential of AI to add explosive additional value to postmortem right of publicity values will almost certainly have to be considered.” (C, 11:04)

b. Prince Estate – Importance of Planning

• Lack of planning/publicity rights management led to estate control by Minnesota intestacy law and years-long IRS disputes.
• Key Planning Questions:
  1. Client’s wishes for use of their image/likeness during life & after death.
  2. How to structure ownership to maximize value/minimize estate tax.

c. Planning Strategies

• Existing estate planning techniques (fractional ownership, valuation discounts, insurance for liquidity) may also apply to name/image rights.
• “The most important goal is to carry out the client's vision of how their reputation should be preserved and used.” (C, 12:41)

5. Evolving Law and Future Landscape ([13:16])

• Key Takeaways:
  • Digital immortality and AI’s seismic impact have outpaced the law.
  • State-law patchwork remains; federal legislation is highly desirable but still pending.
  • Individual’s legacy and public image require deliberate planning—both legal and technological.
• Quote: “Legal frameworks are struggling to keep up… technology is fast outpacing the law.” (C, 13:55)
• Advice: “Work with a qualified team of multidisciplinary advisors… to best position clients.” (C, 14:40)

Notable Quotes & Memorable Moments

• “With a digital replica, people never die. They’re immortal.” (Sharon Klein, 02:11)
• “It can be fraught with risk to allow someone else to use a celebrity's identity... once you cede your control, it’s very difficult to regulate how the celebrity is portrayed publicly.” (C, 09:12)
• “The most important goal is to carry out the client's vision of how their reputation should be preserved and used.” (C, 12:41)
• “Legal frameworks are struggling to keep up… technology is fast outpacing the law.” (C, 13:55)
• “Work with a qualified team of multidisciplinary advisors… to best position clients.” (C, 14:40)

Timestamps for Key Segments

• 01:28: Definition of publicity and post-mortem rights
• 03:09: ABBA ‘Abbatars’ digital concert case
• 05:03: Al Michaels/George Carlin – AI voice replication; legal responses
• 07:28: Jack Nicklaus dispute over self-ownership, contracts, and NFTs
• 10:00: Estate tax and value disputes—Michael Jackson and Prince cases
• 13:16: Big-picture takeaways and the need for multidisciplinary planning

Conclusion

This episode provides a comprehensive overview for estate and trust professionals on the urgent and complex challenges posed by AI to publicity rights. The guest, Sharon Klein, underscores how the intersection of new technology, patchwork law, and high-stakes estate valuation demands proactive, nuanced legal planning. Federal standardization, integration of traditional estate planning tools, and collaboration with multidisciplinary teams are key to safeguarding clients’ reputations, legacy, and financial interests.