Can Taylor Swift Sue Trump for Using AI Images of Her in Campaign?

Taylor Swift fans are outraged after Donald Trump used AI-generated images of the singer to bolster his campaign. With the November 2024 presidential election approaching, it appears that Trump is resorting to artificial intelligence in an attempt to improve his chances against Vice President Kamala Harris.

Swift fans expressed disgust when it was revealed that Trump shared a sequence of AI-created images on Truth Social, suggesting that her fans were wearing t-shirts with the slogan “Swifties for Trump” on the front. Another AI image depicted Swift in an Uncle Sam outfit, falsely claiming that she endorsed Trump.

At the moment, Swift has not endorsed any presidential candidate, leading her fans to call for her to “sue” Trump for using AI images of her without consent.

Some legal experts believe Swift may indeed have grounds to sue over the phony endorsement generated through AI. Jessica Silbey, a professor at Boston University School of Law specializing in intellectual property and constitutional law, noted that Trump’s post might violate Swift’s right of publicity. This legal concept covers how someone’s name, image, and likeness are used by others.

“Everyone enjoys a right of publicity,” Silbey explained to Billboard. “This kind of use – being made to say and seen as believing things you don’t – is at the core of the right.” She also suggested that Swift could potentially sue Trump or his campaign for defamation if the fake endorsement damages her reputation.

Similarly, Neama Rahmani, president and founder of West Coast Trial Lawyers, told Business Insider: “Swift could sue Trump and those who misappropriated her likeness by creating AI-generated images.”

Rahmani emphasized that privacy laws protect individuals from unauthorized use of their name, image, or likeness. “Manipulating it using AI doesn’t change things,” he added. He also noted the proactive nature of Swift’s legal team, suggesting that a cease-and-desist letter to the Trump campaign could be a likely response.

Moreover, experts hint that emerging legislation concerning deep fakes could favor Swift if she opts for legal action. Attorney and former U.S. Army prosecutor Glenn Kirschner took to X/Twitter to voice his opinion: “I hope this inspires every Taylor Swift fan to vote for Harris. And every music fan. And every person who cares about an artist’s image & prestige stolen by a criminal politician. And everyone who supports women’s rights. Oh, and I hope Ms. Swift sues Trump back to the Stone Age.”