Deepfake Technology and the Exploitation of Artists in the Music Industry
Written by John Purcell | March 26, 2026
Artificial intelligence has rapidly changed the music industry, allowing the creative and production processes to be easier and more accessible than ever. However, the rise of AI has also brought about the introduction of deepfake technology, where AI systems are capable of replicating a person’s voice or image and manipulating their actions. This creates extreme legal and ethical concerns. Specifically, deepfake audio allows for creators to generate songs that accurately imitate the voices of musicians without their consent. While these technologies may appear as innovative, they raise important questions regarding authorization, copyright law, and the right of publicity. As AI generated music becomes more widespread, the legal framework surrounding intellectual property and creative privacy is increasingly being tested.
This deceiving technology is designed to sound nearly identical to the unique voices of these artists, making it difficult to decipher when the technology is being used. The Princeton Legal Journal shared that in April of 2023, a collaboration between Drake and The Weeknd titled “Heart on My Sleeve” received millions of streams, and quickly became a hit on social media. Yet, this song was created by an anonymous Tik Tok user who used AI to generate a “deepfake” of the artist (Williams 2025). This raises concerns for many artists who work tirelessly in the music industry, as the use of AI completely diminishes their craft. The incident highlights a growing problem for musicians who spend years trying to establish their vocal identity within the music industry, and these deep fakes appropriates an artist’s identity simply for creative or commercial gain.
From a legal perspective, the rise of deepfake music on social media reveals existing gaps in intellectual property law. Specifically, the Copyright Act of 1976 is a US law that applied copyright protections to original works of authorship, which included music and sound recordings. However, this copyright law does not explicitly protect an artist’s voice when it is digitally recreated in a new recording, so this creates uncertainty when AI systems generate entirely new songs. In addition to copyright law, the right of publicity provides another legal route for artists seeking protection. This right allows individuals to control the commercial use of their name and other identifiable aspects of their identity. While this varies by state, courts have precedent in recognizing that a person’s voice can fall under these protections. As the use of deepfakes in the production of music becomes more prevalent, the right of publicity claims may become an important tool that artists can utilize to prevent unauthorized AI intimations of their voice.
Courts have addressed similar issues in the past with cases involving both vocal imitation and identity rights. In Midler v. Ford Motor Co, Ford developed television commercials that appealed to memories of college days using popular hits of the 1970s. One of the songs used was “Do You Want To Dance’ which was performed by Bette Midler, yet Ford ended up hiring a former back-up singer who sounded like Middler to record the song. Middler sued for misappropriation of her right of publicity in her voice, and the courts ultimately decided that imitation does serve as a purpose for tortious misappropriation.
It is clear that deepfake technology is likely to play an increasingly significant role in the music industry as artificial intelligence continues to become more advanced. Stronger legal protections are going to be necessary to prevent the continued unauthorized use of artists’ voices. In terms of tangible solutions, policymakers may need to update copyright law and strengthen the protections under the right of publicity to specifically address AI and updated forms of technology. It’s important for music platforms to implement monitoring systems to detect deepfake recordings, while also enforcing the importance for users of social media to become more aware of what they are listening to and if they are being deceived.
Works Cited
Midler v. Ford Motor Co., 849 f.2d 460 (9th cir. 1988). (n.d.). https://law.justia.com/cases/federal/appellate-courts/F2/849/460/37485/
Office, U. S. C. (n.d.). Copyright law of the United States (title 17) and related laws contained in title 17 of the United States code. Copyright Law of the United States | U.S. Copyright Office. https://www.copyright.gov/title17/
Williams, D. (2025). What’s in a name...or a voice? protecting artists from deepfakes in the music industry - Princeton Legal Journal. The Princeton Legal Journal. https://legaljournal.princeton.edu/whats-in-a-nameor-a-voice-protecting-artists-from-deepfakes-in-the-music-industry/
