AI influencer, avatars and AI content: labeling, copyright and liability

AI in Creator Business

Creator use AI for scripts, thumbnails, translations, voice voices and whole avatars. Brands use virtual influencers that never get tired and don’t produce scandals. At the same time, the number of deepfakes that real creators mount in advertising or compromising content is growing.

The European AI Regulation (AI Act) provides for transparency obligations, especially for deepfakes and certain AI-generated content. In addition, there is copyright, which presupposes human creation, the right to personality in terms of voice and image as well as advertising rules that forbid misleading. We advise creators, brands and agencies on the legally secure use of AI and represent those affected against Deepfakes.

Typical situations in which we help

• You develop a virtual influencer or an AI avatar of yourself.
• You use AI voices or AI translations of your videos.
• Her face or voice appears in a deepfake.
• A brand wants to license its image for AI training.
• You are wondering if your AI images are copyrighted.

Legal basis at a glance

Identification

The AI Act obliges operators to disclose deepfakes as artificially generated. The prohibition of mislead management also applies to advertising: Anyone who advertises cosmetics with AI-embellished results can deceive consumers. Platforms require their own AI labels.

Copyright to AI Content

Only personal intellectual creations of people are protected by copyright. Purely AI-generated content is therefore usually not protected, but the human selection, editing and composition. When training and using AI tools, the rights of third parties must also be observed.

Voice, Image and Avatars

Voice and image are protected by personal rights. Anyone who creates an avatar based on your role model or clones your voice needs your consent. Licenses should regulate purpose, duration and revocation.

Liability

The operator is liable for content that publishes an AI avatar. Incorrect statements or violations of law will be attributed to him.

That’s how we go

1. 1

   Initial assessment

   You briefly describe the facts to us and send documents such as a contract, cease-and-desist letter or screenshots. We will tell you promptly where you stand and what the next steps will cost.

2. 2

   Secure evidence and deadlines

   We document posts, stories and chat history in court and record all deadlines. Content disappears quickly, especially with social media.

3. 3

   Set strategy

   Together we decide whether negotiation, defense, cease-and-desist letter or contract drafting is the right way. It is always about your reach and your business relationships.

4. 4

   Implement and enforce

   We negotiate, formulate, answer and, if necessary, go to court, also in an urgent procedure. You will regularly be informed of what is happening.

Regarding the costs: Before every step we tell you what it costs. Depending on the case, we charge a flat-rate fee or by hourly rate according to the Lawyers’ Remuneration Act (RVG). If the opponent is obliged to reimburse, for example in the case of a justified cease-and-desist letter, we will claim these costs for you. More on this on our page Fee.

Common mistakes to avoid

• Output AI-generated content as real without labeling.
• Reproduce voices or faces without consent.
• Assume that AI content is automatically protected.
• Publish AI results in advertising unchecked.