Could Trump Be Sued For Posting An AI Generated Taylor Swift Endorsement?

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Taylor Swift in concert
Photo Credit: "Taylor Swift" by Eva Rinaldi Celebrity Photographer is licensed under CC BY-SA 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by-sa/2.0/?ref=openverse.

Former President Trump shared images showcasing supposed support from singer Taylor Swift and her fans on Sunday, but some of them were created by AI and could cause him a legal headache.

On his Truth Social account, Trump shared several Swift-related visuals suggesting backing from the pop star and her devoted followers, the “Swifties.”

One altered image featuring Swift clad in American colors and posing in a manner that mimicked an Uncle Sam recruiting posters.

“Taylor Swift Wants You To Vote For Donald Trump,” the caption read, with Trump’s own comment on the post saying, “I accept!”

Another image featured the headline: “Swifties turning to Trump after ISIS foiled Taylor Swift concert,” which was labeled as “satire” and was accompanied by a slew of AI-generated photos of fans sporting “Swifties for Trump” t-shirts.

A third image was a repost of a tweet that showed more Trump supporting Swift fans along with the caption “Swifties for Trump break the internet! Kamala’s campaign is in shambles over it!”

Additionally, Trump shared what appeared to be an authentic photo of a young woman in a “Swifties for Trump” shirt.

The image depicted Jenna Piwowarczyk wearing the the slogan on shirt at a Trump rally in Racine, Wisconsin, in June.

She commented on the uproar over the post Trump made in a statement shared by Wisconsin Right Now on X.

“By focusing more on the AI photos than on the REAL person in the photos that Trump shared,” she began.

“I think the media are missing an opportunity to recognize that, of all the millions of Taylor Swift fans, of course there will be many who support Trump and conservative values and also love her music. We exist. We are real.”

Trump spokesperson Steven Cheung remarked that, “Swifties for Trump is a massive movement growing daily. Meanwhile, Kamala Harris is guilty of causing harm to every American.”

Though Swift hasn’t commented on the posts, an insider said she would not be supporting Trump.

“If she didn’t support him last time, she’s not going to support him now,” the person said to The Daily Mail on Monday. “He’s clearly lost it. In more ways than one.”

While she hasn’t endorsed a candidate yet, in 2020, Swift supported Joe Biden and Kamala Harris.

“I will proudly vote for Joe Biden and Kamala Harris in this year’s presidential election,” she said ahead of the election.

“Under their leadership, I believe America has a chance to start the healing process it so desperately needs.”

She also blasted Trump in a rare Twitter post the same year. “After stoking the fires of white supremacy and racism your entire presidency, you have the nerve to feign moral superiority before threatening violence? ‘When the looting starts the shooting starts’??? We will vote you out in November,” the singer penned.

Swift is expected to appear at the Democratic National Convention (DNC) in Chicago this week, CNN reported.

Her fans were quick to dismiss any link between Swift and Trump on social media.

“I can think of no rational purpose in drawing the ire and full attention of Taylor Swift,” one tweeted.

“Him posting this should be illegal. He knows it’s not real. He knows it’s AI but still posted it to interfere with the election,” another added.

According to legal experts, the series of posts might indeed be illegal, though not until congress passes a relevant bill.

The bipartisan NO FAKES Act has been introduced in the Senate, aiming to protect individuals’ voices and likenesses from AI-generated fakes.

The act would “hold individuals or companies liable for damages for producing, hosting, or sharing a digital replica of an individual performing in an audiovisual work, image, or sound recording that the individual never actually appeared in or otherwise approved.”

Even without the bill, Trump could face legal issues if the singer decides to file a lawsuit according to another legal expert.

“Swift could sue Trump and those who misappropriated her likeness by creating AI-generated images,” Neama Rahmani, president and founder of West Coast Trial Lawyers, said to Business Insider on Monday.

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

“I wouldn’t be surprised if they send the Trump campaign a cease-and-desist letter at a minimum,” Rahmani said.

James Walker Jr., an entertainment attorney, believes Swift should take legal action.

“Taylor Swift is a billion-dollar brand,” Walker stated. “She probably has her name trademarked, just like Aretha Franklin and others I’ve represented own their trademarks.”

“You have to protect your brand, your trademark, and when you don’t respond immediately, that’s conveying that you’re accepting this, and then others will do it,” he added.

Walker represents the family of musician Isaac Hayes, who filed a lawsuit against Trump for using Hayes’ hit song, “Hold On, I’m Coming,” at campaign rallies.

“So as of 5:59 PM ET, The Estate of [Isaac Hayes] has filed a lawsuit in the United States Federal Court, Northern District, against Donald J. Trump, the RNC, Donald J. Trump for President, Inc., and several other parties for copyright infringement,” Hayes III wrote on X on Aug. 16.

Hayes III said is suing Trump and other defendants for 134 counts of copyright infringement and wants them to pay $3 million for licensing fees under the threat of further legal action.

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