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Before publishing an AI-generated video, check three separate things: rights in the material used to make it, permission to use any identifiable person’s likeness or voice, and disclosure rules for each country and platform where it will appear. Clearing one does not clear the others. Keep a record of your sources, permissions, human creative work, and disclosures.

Who owns an AI-generated video?

There is no blanket rule that the person who entered a prompt owns copyright in everything an AI system produces. In its January 29, 2025 report on copyright and generative AI, the U.S. Copyright Office concluded that AI output may be protected when a human determines enough of its expressive elements. Human-authored material included in the output, or creative human selection, arrangement, or modification, may be relevant. Prompts alone do not establish authorship when the machine determines the expression.

These are conclusions about U.S. copyright law, not a guarantee that a particular video or contribution qualifies. AI assistance does not automatically prevent copyright protection for a larger human-created work, but the result depends on the human-authored expression in that work.

Keep authorship separate from source clearance

Whether you can claim copyright in parts of the finished video is a different question from whether you have permission to use the materials that went into it. Copyright may apply to source photographs, footage, recordings, music, scripts, or other works even when they are processed or altered with AI. The Copyright Office’s digital-replicas report also explains that copyright does not protect a person’s identity itself. A recognizable face or voice can raise separate publicity, privacy, contract, or other concerns.

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Record the human creative decisions made during production—such as what you selected, arranged, edited, composited, or substantially modified. That record can help explain the creative process, but no particular contribution guarantees copyright.

Do you need permission to use someone’s face or voice?

For a realistic digital replica of an identifiable person, obtain clear permission before creating or distributing it. The U.S. Copyright Office’s July 31, 2024 report recommended that Congress enact a federal law addressing knowing distribution of unauthorized digital replicas. That recommendation is not itself an enacted, universal federal consent rule. Applicable requirements can depend on state or national law, contracts, the context, and how the video is used.

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Permission should be informed and specific enough that the person understands what they are agreeing to. The Copyright Office report discusses informed consent and concerns involving minors. It also cites SAG-AFTRA contract terms requiring clear, conspicuous digital-replica language agreed in a separate rider or another prominent form. That is an example from the report, not a universal rule for every creator or jurisdiction.

Define the permitted use

A practical release should identify the person and the face, voice, performance, or other replica involved, then describe the intended uses. Consider specifying:

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  • The video’s content and context, including whether the person will appear to say or do something they did not actually say or do.
  • Where it may be distributed, including platforms, channels, and territory.
  • The permission’s term, allowed edits and derivative uses, and whether paid promotion or sublicensing is allowed.
  • Any compensation and withdrawal terms the parties agree to.
  • Who has authority to consent if the person is a minor or someone else must act on their behalf.

This is a practical checklist, not a form guaranteed to satisfy every law. A release for a person’s likeness does not automatically clear music, footage, trademarks, or other source material in the same video; handle those permissions separately.

When must an AI-generated video be disclosed?

Disclosure obligations differ by jurisdiction and platform. For example, EU law separates certain duties for AI-system providers from duties for people who use systems to make deepfakes, while YouTube applies its own policy to realistic altered or generated content. A platform label is not a substitute for source rights or a person’s consent.

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Rule or duty Who it concerns What triggers it How it is communicated Timing and scope
EU AI Act, Article 50: provider duty Providers of covered AI systems Covered systems generating synthetic audio, image, video, or text Machine-readable marking so outputs can be detected as artificially generated or manipulated Relevant Article 50 transparency obligations apply from August 2, 2026. The European Commission describes a limited grace period for certain marking and detection duties for AI systems placed on the market before that date.
EU AI Act, Article 50: deployer duty People or organizations using a system to generate or manipulate content Image, audio, or video content that constitutes a deepfake Disclose that it was artificially generated or manipulated. For evidently artistic, creative, satirical, fictional, or analogous works, disclosure is limited to an appropriate manner that does not hamper display or enjoyment. Applies within the Act’s scope; it is not a rule that every AI-made video in every context must carry the same visible label.
YouTube creator policy Creators uploading to YouTube Content that meaningfully alters or generates photorealistic material, including a real person made to appear to say or do something they did not, altered footage of a real event or place, or a realistic scene that did not occur Set the AI-use disclosure in YouTube Studio; YouTube then labels the content for viewers. Platform policy applies to content wholly or partly altered or created using AI audio, video, image-creation, or editing tools. Check the current upload flow and policy when publishing.

EU provider marking and deployer disclosure are different duties, and neither should be confused with YouTube’s creator-facing requirement. A video may also be subject to other national laws or platform policies not covered here.

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How to clear an AI video before publishing

  1. Inventory the inputs. List footage, still images, sound recordings, music, scripts, logos, and AI tools. For each asset, record its source, creator or rights holder, license or permission, allowed edits, territory, duration, and distribution channels. Do not assume that rights in a depicted person and copyright in a source work are the same thing.
  2. Check the people represented. Identify anyone whose likeness, voice, or performance is reproduced or changed. Obtain permission covering the specific context and distribution plan. Confirm guardian or representative authority where relevant; the precise legal requirement varies by jurisdiction and circumstances.
  3. Document human creative work. Keep meaningful human-authored material and records of selection, arrangement, editing, and modification. Do not assume that prompts alone establish copyright in machine-determined expression.
  4. Map the destinations. Check the rules for the countries and platforms where the video will be distributed. Apply EU AI Act Article 50 where relevant, and make YouTube’s AI-use disclosure when the platform’s rule applies.
  5. Keep dated evidence. Store licenses, releases, approvals, project versions, and records such as screenshots or exports of disclosure settings with the project file. This is prudent recordkeeping, not a universal legal form or mandate.
  6. Get local advice for high-risk cases. Seek qualified legal review for political or news-like synthetic footage, commercial endorsements, public figures, minors, employment or performer contracts, sensitive personal material, and cross-border campaigns.

What to verify for your particular video

The right answer depends on the people depicted, source materials, purpose, contracts, applicable law, and distribution markets. The Copyright Office reports discussed here do not settle every state’s publicity or privacy law, every country’s deepfake rules, or platform requirements beyond YouTube. For a consequential production, get advice from a qualified professional familiar with the relevant jurisdictions and agreements.

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