It’s easy to imagine how superstar athletes could benefit from generative AI technology. By embracing computer model versions of themselves, they could reach more fans online and work with more business partners, all without disrupting their routine.
In fact, today’s tools can imagine for you—here’s LeBron James enumerating those benefits longhand, dressed in Colonial garb purely for the sake of it. Of course, that AI image created by Midjourney’s model also clearly depicts the potential pitfalls of letting third parties play with celebrity likenesses. Just think, I could’ve made LeBron a redcoat!
OpenAI recently provided an even clearer example. The company released and subsequently discontinued an AI voice model that researchers say sounds a lot like actress Scarlett Johansson.
Johansson’s case is the latest look into artificial intelligence’s uncertain intersection with intellectual property. What will become of our byzantine system of name, image, likeness, publicity, copyright and trademark rights when anyone can create an image of a notable basketball player or a voice resembling a Hollywood star? Where does free speech end and ownership rights begin? Or, as The New Yorker asked earlier this year, “Is A.I. the death of I.P.?”
Few industries have more riding on the answers than sports.
Live games themselves may actually become more valuable in our coming age of computer-generated content, as networks reach for any consistent properties that guarantee eyeballs. And there is no use even trying to digitally replicate the thrill of human competition set amidst real-world fans.
“The coverage of that content is not going anywhere,” Getty Images senior director of strategic partnerships and global AI Susan Nomecos said. “If anything, Gen AI has elevated the importance of authenticity in content creation.”
But for everything and everyone around the game, threats abound.
The biggest concern is that these tools will be used to misrepresent athletes or team brands—posting them appearing to support a cause or brand they otherwise wouldn’t, or just outright slandering them via pixels. It’s unlikely we’ll see real-life Shohei Ohtani promoting a sportsbook or James hawking Adidas. With AI however, anything is possible. Then there’s the economic issue of ensuring players are properly compensated for their NIL.
“We have avoided formal conflict. I don’t know how long that’ll last,” OneTeam managing director and chief legal officer Tim Slavin said. ”There have been some difficult conversations.”
While Johansson hasn’t taken legal action against OpenAI, others have. The New York Times has sued OpenAI and Microsoft for copyright infringement. Comedian Sarah Silverman is taking on OpenAI and Meta over the same issue, while Getty Images sued Stability AI in 2023 on similar grounds. Getty CEO Craig Peters has said that more images were created through AI than were taken by cameras in 2023.
“In a time when we are all grappling with deepfakes and the protection of our own likeness, our own work, our own identities,” Johansson said in a May public statement, “I believe these are questions that deserve absolute clarity.”
Power players aren’t waiting for those issues to be resolved before turning to the potential benefits of generative AI. In fact, Slavin said, OneTeam has already had “a series of presentations” with player associations and others about ways to capitalize on the new technology.
The first step is likely sponsorship. Today, Microsoft is promoting its “AI companion” called Copilot via ESPN and NBA deals. But the possibilities here go much further.
Rightsholders are looking into building custom, brand-safe models that would give licensees or fans the ability to create new content using player/team marks within defined parameters.
We’re not far from an individualized version of Masterclass where pros use a digital version of their voice to offer training tips customized to the listener’s age and experience. According to Getty, apparel companies are already using AI to quickly generate branded shirts that speak to sports trends and allow fans to express themselves. We could one day see the Golden State Warriors create 10,000 AI-generated variations of their logo, giving ownership of each to seat license holders who could pass down those unique symbols like family crests.
“This is certainly an area of significant opportunity. We’re excited for the fan and the athlete to have better and more chances to interact,” Slavin said. “But as we make our way into this space, we know we need to remain vigilant to ensure protections are in place and that this tech isn’t used to confuse or to damage image and reputation.”
The future is coming. Soon enough, you won’t have to imagine it.
