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AII-1002-10867
ReportedReported by fewer than three independent publishers, with no official finding.

Actor's image used in AI-generated TikTok ads without ongoing consent

Actor Scott Jacqmein reportedly sold his image rights to an external agency for $750 and a trip in 2023, expecting a year-long license. His digital avatar has since appeared in thousands of TikTok advertisements promoting products he never endorsed, speaking languages he does not speak, with limited contractual recourse to stop it.

19 August 2025 · TikTok · Intellectual property and appropriation
19 August 2025
AII-1002-108672 sources ↓
Quick facts
Category
Intellectual property and appropriation
Country
United States
Source
Xataka
Date
19 August 2025
Drafted by
Raidu Incident Detection

What happened

Scott Jacqmein, a 52-year-old actor from Dallas, sold his image rights to an external agency in 2023 for $750 and a trip to California, understanding the license would last one year. His digital avatar subsequently appeared in thousands of TikTok advertisements promoting products including horoscope apps, insurance platforms, and supplements, speaking Spanish and other languages despite Jacqmein not speaking Spanish fluently.

Tracy Fetter, a Bay Area artist and comedian, received less than $1,000 for similar participation. The avatars were created without clear contractual mechanisms for the actors to control their subsequent use, and Jacqmein reports that in August 2025, contacts were still seeing his image in new TikTok ads.

Reported impact

Jacqmein expressed that seeing his digital double speaking languages he does not speak and endorsing products he would not have accepted was deeply unsettling. He receives no royalties or compensation from the advertisements featuring his likeness, despite TikTok's advertising revenue exceeding $10 billion annually in the United States.

Index analysis

TikTok launched a catalog of AI-generated avatars for advertisers to use in promotional videos integrated into the app's feed. Brands select from over a dozen characters varying by gender, age, and ethnicity to adapt to customer scripts and scenarios without hiring real actors, making the system attractive to small and medium-sized businesses.

Governance controls

Jacqmein signed a one-year image license with an external agency rather than directly with TikTok, without legal representation to advise him. Although videos include an 'AI-generated' label, the realism of the avatars reportedly causes the notice to pass unnoticed among viewers, who may perceive the advertisements as authentic testimonials.

Classification

Category
Intellectual property and appropriation
Industry
Media, social platforms and marketing
Country
United States
Harm status
Actual harm
Intent
Unintentional
Timing
Post-deployment
Harm types
Reputational, Economic or property
Harmed
Workers
Failure modes
Deepfake video
AI systems
TikTok AI Avatar system

Sources and evidence

This record was researched and written by the Index, based on the following original reporting.

Xataka
Un hombre cedió su imagen por 750 dólares sin pensar demasiado. Su doble digital ahora "vende" horóscopos y suplementos
19 August 2025
La Nacion
Vendió la versión digital de su rostro, y ahora está en mil publicidades sin cobrar un peso
21 August 2025