The “doppelganger problem” is really why this is not an easy issue to answer
I wouldn’t agree. Sure, Taylor Swift would own her likeness. But so would her doppleganger.
This could be done on a nonsensical basis such as first-dibs or whose ever is the most well-known, but the only logical option is that both are protected.
So if our Taylor doppleganger goes around just looking and existing with an appearance closely matching Taylor’s, she’s protected under her own likeness.
If she goes on to claim of being Taylor Swift and swindles people, that’s a seperate issue dealt with impersonation statutes.
Even cosplaying as they did with Dolly Parton would be protected under free speech/expression.
Since these protections already exist, a right to likeness only really stops the deepfakes, which is exactly the point.
I wouldn’t agree. Sure, Taylor Swift would own her likeness. But so would her doppleganger.
This could be done on a nonsensical basis such as first-dibs or whose ever is the most well-known, but the only logical option is that both are protected.
So if our Taylor doppleganger goes around just looking and existing with an appearance closely matching Taylor’s, she’s protected under her own likeness.
If she goes on to claim of being Taylor Swift and swindles people, that’s a seperate issue dealt with impersonation statutes.
Even cosplaying as they did with Dolly Parton would be protected under free speech/expression.
Since these protections already exist, a right to likeness only really stops the deepfakes, which is exactly the point.