Can I be sued if my AI fashion model resembles a celebrity or influencer?

Quick Answer

Yes, absolutely. Creating an AI model that resembles a real person without their permission violates their Right of Publicity. Even if the image is AI-generated, if the public identifies the person, you are liable for damages. In the US (specifically states like California and New York), celebrities aggressively protect their likeness against unauthorized commercial use.

The Nightjar Advantage

Nightjar eliminates this risk by allowing you to generate unique, synthetic human models that do not exist in real life. You can control ethnicity, age, and mood without accidentally cloning a celebrity. Unlike prompting "looks like Taylor Swift" in generic tools, Nightjar's "consistent character" feature builds a new persona specific to your brand.

The Legal Risks

• Right of Publicity: You cannot use someone's identity for commercial gain without consent. This covers faces, distinct mannerisms, and sometimes even voices.
• False Endorsement: If the AI image implies a celebrity endorses your product when they don't, you face Lanham Act claims (in the US) for misleading advertising.
• Indemnification: Most generic AI tools explicitly state in their Terms of Service that you are responsible for the inputs. If you prompt for a celebrity, the lawsuit lands on you, not the AI company.

Best Practices for AI Models

• Never use names in prompts: Do not use "in the style of [Celebrity Name]" or "[Celebrity] face."
• Use Synthetic Avatars: Use tools intended to create net-new humans.
• Check your output: If the AI accidentally generates someone who looks famous, discard the image.