Lawyer with experience handling AI avatars contracts and litigation.

Virtual brand ambassadors on Instagram, AI models for e-commerce, synthetic influencers on TikTok, digital doubles of actors in film, cloned voices in audiovisual post-production: these digital characters open up considerable opportunities, but they also raise novel legal questions relating to advertising transparency, image rights, performers’ neighbouring rights, intellectual property and regulatory compliance.

Betty Jeulin Avocat advises brands, agencies, production studios, creators and technology companies on securing the legal framework of their AI avatar projects, from design through to commercial and audiovisual exploitation.

What is an AI avatar in legal terms?

An AI avatar is a digital character whose appearance (face, silhouette, voice) is generated or animated by artificial intelligence. It can take various forms depending on the industry.

In marketing and influencer circles, these are virtual influencers with their own identity (name, personality, fictional biography), virtual models used in e-commerce or advertising campaigns, or synthetic brand ambassadors promoting products and services on social media.

In film and audiovisual media, these are digital doubles replicating an actor's features for stunt scenes, de-ageing, or posthumous performances, voices cloned by AI for post-production or dubbing, or entirely synthetic characters generated for films, series, or advertisements.

Under French law, an AI avatar is not a legal person. It is a creative object at the heart of a chain of rights that must be secured from the outset. Its commercial or artistic use involves several legal frameworks: consumer law, intellectual property law, image rights, neighbouring rights for performers, the GDPR, and now the European Artificial Intelligence Act (AI Act).

AI avatars and brands: legal obligations.

When a brand creates or commissions an AI avatar to promote its products and services via social media content, it must comply with a strict transparency framework. Three cumulative notices are mandatory.

‍"Virtual images" label - Law no. 2023-451 of 9 June 2023 aimed at regulating commercial influence requires that any content produced by artificial intelligence depicting a face or silhouette must be accompanied by the label "Virtual images" (Article 5). This label must be clear, legible, and understandable on any medium used.

‍"Advertising" or "Commercial collaboration" label - The Consumer Code (Article L.121-3) requires that the true commercial intent of a communication be clearly identifiable. Failure to include this label constitutes a misleading commercial practice by omission.

‍Identification of the advertiser - The brand that created or commissioned the AI avatar must be presented as the advertiser of the content. This obligation is intended to prevent the public from confusing an advertisement with an independent opinion given by a third party. The ordinance of 6 November 2024 relaxed certain methods for displaying these labels (they no longer necessarily have to appear throughout the entire viewing), but it did not reduce the level of transparency required.

AI avatars and cinema: legal issues for actors and studios.

The film and audiovisual industry is one of the sectors most directly impacted by the emergence of AI avatars. Voice cloning, the creation of digital doubles, and the generation of synthetic performances raise major legal questions that have already sparked high-profile disputes.

Voice cloning and digital doubles - The GDPR classifies data relating to people's voices and images as biometric data, which can only be validly processed with the explicit consent of the person concerned. Furthermore, copyright-related neighbouring rights may protect actors' stage performances.

Contractual framework for digital doubles in the audiovisual sector - In France, the existing legal framework (neighbouring rights, image rights, moral rights) offers strong protections to performers. However, contractual frameworks remain essential to secure the rights of each stakeholder: contracts for the assignment of rights to the digital double, explicit consent clauses, definition of authorised uses, specific remuneration, and duration of exploitation.

Cross-cutting legal risks of AI avatars.

Misleading commercial practice

The main risk for brands is the reclassification of communication as a misleading commercial practice. When an AI avatar acts as a brand ambassador without the advertising nature of the content being clearly identified, the lines between a third-party recommendation and advertising are blurred. Article L.121-2 of the Consumer Code penalises such practices.

Infringement of image rights

In the case of a digital double of an existing person, if the person concerned has not given their agreement for the creation and exploitation of their digital double, they may take action for infringement of their image rights.

An AI avatar may also, intentionally or otherwise, resemble the physical or vocal traits of a real person (whether a celebrity, an actor, or a private individual). If the public can identify an existing person through the avatar, that person has recourse under their image rights. For performers, neighbouring rights offer additional protection against the unauthorised reproduction of their performance.

Your questions about AI avatars

Can a brand create an AI avatar to promote its products? 

Yes, but the Law of 9 June 2023 on commercial influence and the Consumer Code require the advertising nature of the content to be mentioned, the advertiser to be identified, and it to be indicated that the images were produced by AI (using the label "Virtual images"). Failure to include these notices exposes the brand to prosecution for misleading commercial practices, which is punishable by 2 years' imprisonment and a €300,000 fine.

Can a studio clone an actor's voice using AI without their consent? 

No. Under French law, a person's voice is protected by the GDPR and by image rights (Article 9 of the Civil Code). Furthermore, a performer's voice is protected by neighbouring rights (Article L.212-3 of the Intellectual Property Code). Any synthetic reproduction of an actor's voice without their authorisation is unlawful. The studio, producer, and AI developer can be held jointly and severally liable. The production contract must include an explicit consent clause and precisely define the authorised uses.

Can an actor object to the creation of their digital double? 

Yes. An actor has an exclusive right over the fixation and reproduction of their performance (neighbouring rights), as well as over the use of their image and voice (image rights). No digital double may be created or exploited without their prior consent. In the event of death, the rights holders may exercise these rights. The contract must specify the conditions for the creation, exploitation, modification, and duration of the digital double.

Who owns the rights to an AI avatar?

An AI avatar does not have image rights and cannot generally hold rights, as it is an AI system lacking legal personality. However, an AI avatar that is sufficiently original may be protected by copyright, which will be vested in its creator(s). Ownership of rights to an AI avatar is managed by contract. 

Does the AI Act impose specific obligations for AI avatars? 

Yes. The European Artificial Intelligence Act imposes enhanced transparency obligations for AI-generated content, particularly deepfake-type content. Providers of AI systems must ensure that such content is clearly marked as being artificially generated. Breaches can be subject to penalties of up to €15 million or 3% of total worldwide annual turnover.

How can an AI avatar operating agreement be secured? 

An AI avatar operating agreement must provide for the precise assignment of intellectual property rights where applicable (appearance, voice, narrative universe), the assignment of the performer's neighbouring rights if necessary, the conditions of use and authorised media, a morality clause allowing for the suspension of operations if the avatar damages the brand's or the artist's image, an indemnity clause against third-party claims (resemblance to a real person), advertising transparency obligations and the legal notices to be displayed on content, as well as conditions relating to the protection of personal and biometric data.