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Sometimes, but there is no single yes-or-no rule for every use. In the United States, the answer can depend on the state, whether the person is identifiable, how realistic the video is, what it implies they said or did, and how you use and distribute it. Getting clear permission is the safer course before making a recognizable person appear to say or do something they never did—especially in a commercial, misleading, sensitive, or potentially harmful video.
Why “AI-generated” does not decide whether a use is allowed
A realistic fabricated face or voice may raise concerns even if it was made with software that is not described as AI. The U.S. Copyright Office uses the term “digital replica” for a video, image, or audio recording digitally created or manipulated to realistically but falsely depict an individual. The key issues are the depiction and its use, not just which tool made it.
Using a person’s likeness can raise different legal and platform questions depending on the circumstances. A video that implies someone endorsed a product, delivered a real speech, or engaged in sensitive conduct may create different risks from an obvious parody or a clearly fictional work. This is not a complete statement of state law: rules and exceptions can vary by jurisdiction and purpose.
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The Copyright Office’s recommendation is not a general federal consent law
In Part 1 of its AI report, released July 31, 2024, the U.S. Copyright Office described gaps in existing protections for digital replicas and recommended that Congress enact a new federal law. That recommendation is not itself an enacted law requiring permission for every use. The Office’s report also describes state approaches, so the relevant state law may matter.
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The TAKE IT DOWN Act is about nonconsensual intimate imagery
The TAKE IT DOWN Act, signed in May 2025, addresses nonconsensual intimate images, including AI-created or altered digital forgeries. Under the FTC’s guidance, the Act’s platform notice-and-removal provisions became enforceable on May 19, 2026. Covered platforms must offer a way to submit a valid removal request and remove covered imagery and known identical copies within 48 hours of a valid request.
This is a targeted rule for intimate imagery, not a general takedown right for every unauthorized use of someone’s face or voice. If intimate imagery is posted without consent, FTC consumer guidance says to report it to the platform first. If the platform has no reporting process or does not remove it within 48 hours, the person can report the platform to the FTC.
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What YouTube requires
YouTube’s rules are platform policies, not a complete account of what the law permits. They address disclosure, impersonation, and privacy complaints separately.
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Disclose realistic synthetic content when required
YouTube requires creators to disclose realistic AI-generated or meaningfully altered material that makes a real person appear to say or do something they did not. The disclosure setting is available during upload, and YouTube may label the video. Its examples of edits that generally do not require disclosure include voice repair and cloning your own voice for voiceovers or dubs; the examples are not exhaustive.
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Disclosure does not authorize misleading impersonation
YouTube prohibits unauthorized impersonation that misleads viewers about whether a person, entity, or channel owns or authorizes content. Its examples include using AI to make a famous person appear to participate in or endorse a product, or using an AI voice and false metadata to present a fabricated speech as real. Disclosing synthetic content does not, by itself, make that impersonation acceptable under YouTube’s policy.
A person can request review of realistic synthetic content
YouTube offers a privacy complaint process for realistic synthetic content that looks or sounds like a person. Its review may consider whether the person is uniquely identifiable, how realistic the content is, whether it was disclosed, whether it has parody, satire, or other public-interest value, and whether a public figure is shown engaging in sensitive behavior. This is a platform review, not a decision about the outcome of a court case.
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A practical checklist before you publish
- Identify the applicable law: Consider which country and state’s law may apply; this article covers U.S. federal developments and does not resolve every state-law question.
- Check identifiability and realism: Could viewers recognize the person, and could they mistake the depiction for real footage or audio?
- Ask what the video implies: Does it suggest an endorsement, statement, action, or sensitive behavior the person did not consent to?
- Get permission that covers the planned use: If you have consent or a license, check that it covers the person’s face or voice, the intended context, and the planned distribution.
- Check the destination platform’s rules: On YouTube, determine whether realistic synthetic content must be disclosed and whether the video could violate its impersonation or privacy policies.
- Treat intimate or harmful material as a separate high-risk case: Do not assume that a general likeness release or platform disclosure makes nonconsensual intimate imagery acceptable.
For a specific dispute or planned use, consult a lawyer familiar with the law in the relevant jurisdiction. The facts and local rules can change the answer.
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