The rapid adoption of AI-powered tech raises new questions for firms, creators, and regulators about ownership, consent, and control. A high-profile example comes from actor Matthew McConaughey, who has taken the unusual step of trademarking elements of his own voice and likeness in response to emerging AI capabilities.

The Value of Data in the AI Economy

AI systems rely on enormous amounts of audio, video, and images to function, making data incredibly valuable in the modern business environment. Voice cloning tools and image generators can reproduce realistic versions of real people in seconds. For performers, public figures, and brands, a recognizable voice or face functions much like intellectual property. It can generate revenue through licensing, endorsements, and media projects. When AI systems recreate those features without permission, individuals risk losing control over how their identity is used and monetized.

McConaughey, known for iconic movies such as Dazed and Confused, Interstellar, Dallas Buyers Club, and How to Lose a Guy in 10 Days, secured approval for multiple trademarks through the U.S. Patent and Trademark Office that cover short video clips, audio recordings, and visual depictions closely associated with him. These include brief recordings of him speaking and visual clips that highlight his appearance and mannerisms. According to statements from his legal team, the goal is not to block all uses of AI but to establish a clear legal boundary that requires consent and attribution when his voice or likeness is used.

From a business perspective, this approach treats personal identity as a brand asset that must be actively protected. Trademarks traditionally safeguard logos, slogans, and product identifiers. Using them to protect a human identity represents a novel attempt to adapt existing legal tools to a rapidly changing technological landscape.

Legal Implications for Business and Society

Ethical concerns about AI do not always equate to rejecting the technology outright. McConaughey is an investor in ElevenLabs, a firm that develops AI voice modeling software. With his approval, the company has created authorized versions of his voice for specific projects. This highlights an important business reality: many stakeholders want to participate in technological innovation while still controlling how it affects their economic interests and public reputation.

This reflects a broader trend in business, where companies and individuals seek to benefit from AI while limiting misuse. The challenge lies in drawing clear lines between acceptable innovation and unethical exploitation. Existing laws already offer some protection through state rights of publicity, which prevent unauthorized commercial use of a person’s image or voice. However, AI complicates enforcement. 

Trademarking offers a potential pathway into federal court, which may provide stronger deterrence than state level claims. Legal experts acknowledge that this strategy is untested and that outcomes are uncertain if challenged. Still, it reflects how businesses and individuals are experimenting with legal frameworks while policymakers struggle to keep pace with technological change.

Ethical Implications for Business and Society

Beyond legality, McConaughey’s decision raises ethical questions about fairness, consent, and power in the AI economy. Well-known actors have the resources to pursue legal protection, while less famous individuals may lack the means to defend their digital identity. As AI tools become less expensive and more capable, unauthorized replicas and deepfakes could harm reputations, eliminate licensing opportunities, or spread misinformation.

Similar concerns have surfaced in cases involving other celebrities, including Scarlett Johansson and Taylor Swift, whose voices or images were allegedly replicated without permission. This underscores the broader ethical dilemma facing businesses that develop or deploy AI systems. 

Looking Ahead

McConaughey and his legal team stated that they hope clearer federal rules will eventually make such trademarks unnecessary. Until then, his case serves as an example of how businesses and individuals adapt strategy in response to technological disruption. For managers, entrepreneurs, and policymakers, the key challenge is balancing innovation with accountability in an environment where technology evolves faster than regulation.

In the Classroom

This article can be used to discuss artificial intelligence (Chapter 1: The Dynamics of Business and Economics) and trademark law (Bonus Chapter A/Chapter 2 Appendix: The Legal and Regulatory Environment).

Discussion Questions

1.     How does Matthew McConaughey’s decision to trademark his voice and likeness represent a novel use of trademark law?

2.     Why might trademark law be appealing as a tool for protecting identity in the AI era?

3.     What ethical concerns arise when only wealthy or famous individuals can afford to protect themselves from unauthorized AI use?

This article was developed with the support of Kelsey Reddick for and under the direction of O.C. Ferrell, Linda Ferrell, and Geoff Hirt.