Using an actor or model's face in an AI video: best practices.

You are preparing a video using an AI generator (an advert, branded content, or a film scene). You want to feature a real actor or model. You have their photos, and they are on board with the idea. But the tool blocks you: it requires a "real person check".

The question isn't just how to get past this step. It's about what you need to obtain from that person, and in what form. The answer lies in three authorisations, which must be obtained in the correct order.

What the tool is actually asking for

The real person check is used to verify that the person whose photos you are uploading has given their consent. The tool asks them to film themselves live (on a webpage or app, by turning their head, for example). It verifies that they are a living person, not a photo. It then stores this scan. Subsequently, every photo you upload is compared against that scan.

Therefore, the person themselves must complete the check. Not you, not your graphic designer, and not their agent.

And this scan is not a trivial matter. A face scanned for identification purposes is biometric data (the category most protected by GDPR, on a par with health data). You can only use it with the person's explicit consent.

The three authorisations to obtain

1. Using their image. This is the right of publicity. You need their consent to broadcast a video where they are recognisable (media, countries, duration, and the fact that their image will be AI-generated).
2. Using their performance, if they are an actor. An actor is a performing artist. Their performance is protected separately. You need their written authorisation to record and exploit it.
3. Scanning their face. This is the consent for the real person check. It must be given by the person themselves, in writing, before the scan takes place.

These three agreements can be included in the same document. However, they do not replace one another. A right of publicity contract, even a very broad one, does not count as consent for the scan.

What is not enough: common mistakes

"The contract says all media, including AI." This may cover the distribution of their image. It does not cover the scanning of their face by the tool's provider if the clause does not explicitly state it.

"Their agency said yes." The agency negotiates the use of the model's image. They cannot consent to the scanning of their face on their behalf.

I ticked the box when I opened the account. By ticking the box, you are declaring to the tool that you have the necessary permissions. You are making a commitment to the provider. This does not replace the individual's consent.

They agree; they told me so over the phone. You must be able to prove it. A written record (even an electronic form) is essential.

What you need to do, in order

1. Review the contract you already have with the actor or the model's agency (what it covers, what is missing).
2. Read the tool's terms and conditions (where the scan is stored, for how long, how to have it deleted). You will need to explain this to the person.
3. Explain what is going to happen to them before sending them the link (who keeps the scan, why, for how long, and how to withdraw their consent).
4. Have them sign a consent form for the scan, before the scan takes place.
5. Update the contract (image, performance, duration, and what happens if they withdraw their consent).

A point not to be overlooked: if the actor is employed by your production, they must be able to refuse the scan without losing the role. Otherwise, their consent will not be considered freely given. Have a backup plan in place (traditional filming, alternative methods).

What if they change their mind?

They can withdraw their consent for the scan at any time, even in the middle of the project. And it must be as easy to withdraw as it was to give. Anything already completed remains valid. However, you will no longer be able to generate new images using their face with that tool.

This risk should be managed in the contract, not afterwards. Plan for what happens to videos already produced, what needs to be redone, and who bears the cost.

Frequently asked questions

Can I use existing photos of a model to create their AI version? Not without checking. The initial contract was often signed for a photoshoot, not for creating a digital double. And the tool will require the model to complete the real person check themselves anyway.

Who needs to complete the real person check? The person whose face will be used. No one can do it on their behalf.

Is a different contract required for AI? Not necessarily a separate contract. However, yours must cover AI-generated imagery, and consent for the scan must be obtained separately.

Are you looking to feature an actor or model in an AI video?

As a barrister, I support studios, production companies, and brands using digital doubles in their projects, from consent forms to contracts. If you have reached this stage, let's talk.