Can Taylor Swift sue Donald Trump for using AI images of her in election campaign?

Taylor Swift fans are furious after Donald Trump used AI images of her to boost his campaign, but can the singer sue the former president over it?

With the November 2024 presidential election fast approaching, it seems Trump has turned to desperation and artificial intelligence to give his chances against Vice President Kamala Harris a boost.

Swift fans were disgusted after it emerged Trump shared a series of AI-generated images on Truth Social, appearing to suggest they were wearing t-shirts with the slogan “Swifties for Trump” on the front.

Another image showed an AI-generated image of Swift wearing an Uncle Sam outfit, with text around it claiming the singer wants people to vote for Trump, wrongly suggesting the pop megastar has endorsed him.

Swift has not endorsed any presidential candidate at the time of writing and fans suggested the star “sue” Trump for using an AI image of her.

But what can Swift do about it and can she legally sue Trump?

Some legal analysts believe Swift may have grounds to sue over the false endorsement manipulated by AI.

Boston University School of Law professor and an intellectual property and constitutional law expert, Jessica Silbey, explained that Trump’s post may violate Swift’s right of publicity, which relates to how your name, image and likeness are used by other people.

“Everyone enjoys a right of publicity,” she explained to Billboard. “This kind of use – being made to say and seen as believing things you don’t – is at the core of the right.”

She also claimed the singer may have the right to sue Trump or his campaign for defamation if the false presidential endorsement is thought to have harmed her reputation.

Similarly, Neama Rahmani, the president and founder of West Coast Trial Lawyers, told Business Insider: “Swift could sue Trump and those who misappropriated her likeness by creating AI-generated images.”

Rahmani added: “Privacy torts protect people from having their name, image, or likeness used without their permission. Manipulating it using AI doesn’t change things.”

He also pointed to how litigious Swift’s lawyers have been in the past and argued, “I wouldn’t be surprised if they send the Trump campaign a cease-and-desist letter at a minimum”.

Additionally, experts suggest new legislation around deep fakes could also work in Swift’s favour should she choose to take legal action.

Attorney and former U.S. Army prosecutor Glenn Kirschner wrote on X/Twitter: “I hope this inspires every Taylor Swift fan to vote for Harris. And every music fan. And every person who cares about an artist’s image & prestige stole by a criminal politician. And everyone who supports women’s rights. Oh, and I hope Ms. Swift sues Trump back to the Stone Age.”

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