---
title: "Review a publication for a generated image of a person"
url: "https://ailawframework.com/practice/defamation-and-media-law/review-publication-for-ai-generated-images-or-deepfakes/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A33-B7-3-US"
practice_area: "Defamation & Media Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Review a publication for a generated image of a person

> List each image, the person it appears to show if the capture names them, the product or advertisement it sits in, and the page or URL. Decide no claim.

Canonical page: https://ailawframework.com/practice/defamation-and-media-law/review-publication-for-ai-generated-images-or-deepfakes/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Defamation & Media Law](https://ailawframework.com/practice/defamation-and-media-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | List each image, the person it appears to show if the capture names them, the product or advertisement it sits in, and the page or URL. Decide no claim. |
| What the lawyer must review | Civil Code § 3344(a)(1) makes a person liable for knowingly using another's name, voice, signature, photograph or likeness, on or in products, merchandise or goods, or for advertising, selling or soliciting purchases of products, merchandise, goods or services, without that person's prior consent, or, for a minor, the prior consent of a parent or legal guardian. You decide whether the use is knowing and commercial and whether an exception in the section applies. Read the rest of § 3344, including any exceptions, before you send a demand. A generated image is still tested against those words. |
| Written for | United States |
| Applies to | [Review publication for AI-generated images or deepfakes](https://ailawframework.com/practice/defamation-and-media-law/review-publication-for-ai-generated-images-or-deepfakes.md) |

## Checking plan

- What the AI does: List each image, the person it appears to show if the capture names them, the product or advertisement it sits in, and the page or URL. Decide no claim.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 3344 is California. The right of publicity in another state is a different statute.
- A libel claim under § 45 is separate. An image can raise one, the other, or both. You choose.
- Read the exceptions in § 3344. This entry states the liability sentence in § 3344(a)(1) and not those exceptions.

## Sources

- [California Civil Code § 3344 (use of name, voice, signature, photograph or likeness)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=3344) (checked 2026-10-22)
- [California Civil Code § 45 (libel defined)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=45) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
