This week, Donald Trump shared allegedly fake images of Taylor Swift and her fans endorsing his presidential campaign that had been created using AI. The images include one photo of Taylor Swift as Uncle Sam alongside the slogan “Taylor wants you to vote for Donald Trump”, and multiple photos of fans wearing t-shirts that say “Swifties for Trump”. Trump posted the images to X with the caption “I accept!”.
As of yet, Taylor Swift is yet to endorse any presidential candidate in the lead up to the 2024 election. However, she publicly backed the democrats in the 2020 election and has previously criticised Trump, making the recent post by Trump less believable. Taylor Swift is a sought after figure for endorsements, given her large following and influence. Therefore, whilst Trump’s use of this image may have been simply a mistake, it could have a big impact.
Currently, it is unclear whether it was Trump’s team that generated the images. Nevertheless, Trump’s sharing of the images may put him in a position of liability if Taylor Swift decides to bring an action against him.
In the US, an action may be brought under the principle of misappropriation of likeness, which goes against the individual’s right of publicity. Additionally, actions for trade mark infringement or false advertisement could be brought. However, the law internationally has not yet caught up with the technological advancements in AI and cases such as this often fall within a grey area.
In the UK, Taylor Swift may have sought to bring a claim in passing off, which other celebrities such as Rhianna and Eddie Irvine have done in the past where companies have used their image to endorse products without the individual’s approval.
As of yet, Taylor Swift is yet to issue a statement on the matter, so that is the likely next step. We will be keeping a close eye to see whether the singer chooses to take the matter any further.
If you have any questions on the above, feel free to contact a member of the team at 0191 281 4000 or alternatively at legal@mcdanielslaw.com.
