In today’s digital age, a person’s identity has become one of the most valuable assets he or she can own. Because of the rise of social media, artificial intelligence, and the content creator economy, a person’s identity now carries significant commercial value, creating opportunities for endorsements and business ventures. At the same time, this visibility increases the risk of identity theft, impersonation and digital misuse, underscoring the importance of protecting one’s name, image and likeness.
As AI tools become more sophisticated, individuals have been turning to intellectual property law to protect themselves and their likeness.
In the United States, Taylor Swift recently applied before the US Patent and Trademark Office (“USPTO”) for the registration of a mark which consists of a photograph of her “holding a pink guitar, with a black strap and wearing a multi-colored iridescent bodysuit with silver boots.” She also sought to register two sensory marks which consist of the spoken words “HEY, IT’S TAYLOR SWIFT” and “HEY, IT’S TAYLOR.”
Previously, Matthew McConaughey successfully registered four sound marks and four motion marks with the USPTO. His sound marks include his iconic phrase “ALRIGHT ALRIGHT ALRIGHT” and “JUST KEEP LIVIN’, RIGHT? I MEAN, WHAT ELSE ARE WE GONNA DO. Meanwhile, his motion marks document his tilted head movements and expansive hand gestures. He also has a pending application for a signature image of himself posed against a wood background.
While the US offers broad flexibility for such marks, the legal landscape in the Philippines operates under different constraints. There is currently no express law allowing the registration of the trademark of likeness, but protection is somehow afforded through a combination of existing IP, privacy and civil laws.
The Philippine IP Code allows the registration of visual marks, including names, images and motion marks. Several local celebrities—including Sharon Cuneta, Noli De Castro, Pokwang, and Vice Ganda—have secured trademark registrations for their names which they use in the entertainment industry. The law also prohibits registering any mark which consists of a name, portrait or signature identifying a particular living individual except by his written consent. In cases involving confusion or deception, the unauthorized use of a person’s likeness may also amount to unfair competition. Additional protection is provided by the New Civil Code which prohibits the unauthorized use and usurpation of another’s name. Meanwhile, the Data Privacy Act penalizes the unauthorized use and processing of personal information, including names and images of persons.
Despite these, Philippine law remains primarily limited to visual marks, and does not yet extend formal trademark protection to an individual’s voice. To protect this aspect of one’s identity, the enactment of a legislation amending the IP Code is required.
There are at least three bills filed with the Senate and the House of Representatives proposing to codify one’s right over his or her likeness and identity. These bills uniformly provide that every person shall have the exclusive right to control and monetize the commercial use of their identity, including their name, image, video, portrait, voice, likeness, signature and other identifiable personal attributes, even without formal registration.
The bills also provide for remedies, such as the immediate removal or takedown of content, the recovery of compensation and damages, and the right to initiate civil proceedings. One bill even proposes to create an office in the Intellectual Property Office of the Philippines for the registration of likeness trademarks.
Even in the absence of a direct statute, it is clear that an individual’s identity may be protected as one’s intellectual property. However, as technology evolves and becomes more sophisticated, legal frameworks must also adapt. More than preserving reputation or celebrity status, protecting one’s likeness has become about defending the commercial and personal integrity of the individual in an increasingly digital and AI-driven world.
This article was first published by BusinessWorld at bworldonline.com. It is only for general informational and educational purposes and is not offered as and does not constitute legal advice or opinion.
Atty. Clarisse Paulina M. Valdecantos is a Senior Associate of the Intellectual Property Department of the Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW).
[email protected]
(632) 8830 8000