CrePal Analyzes Legal Boundaries for AI-Generated Videos

The creation of AI-generated videos, particularly when real individuals are involved, presents a complex legal landscape that CrePal's Content Center is analyzing. The article addresses the question of "is it illegal to make AI videos of people?" by explaining that the answer is conditional and that regulations have evolved significantly in 2026.

According to CrePal's analysis, creating AI videos is generally permissible if the person depicted is fictional, unidentifiable, or if explicit consent has been obtained. The risks or illegality arise when a video utilizes a real person's likeness or voice without authorization, especially for sexually explicit content, fraudulent activities, advertising, or political deception. Key legal considerations revolve around consent, an individual's "likeness" (identifiable characteristics), the purpose of use, and the applicable jurisdiction.

In the United States, the recent TAKE IT DOWN Act (May 2025) criminalizes the publication of nonconsensual intimate content and specifically includes AI-generated "digital forgeries." While the act has a narrow scope, it signals that AI generation is not a defense against legal responsibility. Additionally, the EU's AI Act, Article 50, will mandate the labeling of AI-generated deepfake content starting in August 2026.

The article emphasizes that private individuals, such as customers or employees, receive the strongest legal protections. Using real individuals in commercial videos necessitates obtaining a written release that covers AI generation and any advertising use. This consent should clearly define the likeness used, the distribution channels, and the duration of the agreement.

CrePal concludes by noting that laws vary considerably by region. Understanding local regulations and securing necessary permissions are crucial to avoid legal repercussions and protect both creators and the individuals featured in the content.