When publishing AI-generated videos, copyright considerations extend beyond the final file. You must verify the images, music, voices, text, and logos used, obtain the necessary consents, and flag certain synthetic content. As of August 2, 2026, the AI Act also requires professionals to clearly label deepfakes. Finally, keep records of each authorization.
What rights should be checked before publishing an AI-generated video?
Before any broadcast, a video generated by artificial intelligence must be reviewed layer by layer: visual sources, music, voices, recognizable individuals, trademarks, and the generator’s terms and conditions. In France, Article L122-4 of the Intellectual Property Code will prohibit, as of 2026, any unauthorized reproduction, representation, adaptation, or transformation of a protected work.
Une vidéo synthétique n’efface donc pas les droits attachés à ses ingrédients. Importer une photographie trouvée sur Google dans un outil d’animation ne transforme pas cette photographie en ressource libre. Même logique pour une chanson connue, un extrait de film, une illustration, une typographie sous licence ou le logo d’un concurrent.
The word “generated” can actually be misleading. Some services create a sequence from text, while others animate an image, clone a voice, or extend an existing video. The more the tool relies on a file provided by your team, the more thoroughly the origin of that file must be documented.
For a resource from a stock photo library, the term “royalty-free” does not mean “unconditional.” The license may prohibit advertising, resale, the use of an identifiable person in a sensitive context, or modification using artificial intelligence. A selection of stock photo libraries and their terms of use This helps identify these differences, but the license applicable to the selected file remains the definitive reference.
The generator’s terms and conditions are also important. You need to know who owns the generated files, whether commercial use is permitted, and whether the provider can retain or reuse the generated content. A paid subscription does not automatically guarantee exclusivity of the results or the confidentiality of the sources.
Is a video created by AI protected by copyright?
The protection of a video created by artificial intelligence depends on human creative apport. The report by the Higher Council for Literary and Artistic Property, published in July 2026, holds that a hybrid creation may be protected if human direction meets the threshold of originality, unlike a purely synthetic production without significant human intervention.
Copyright protects an original work—that is, a creation resulting from free and creative choices attributable to a specific person. Entering a very general prompt and then accepting the first result weakens this demonstration. Conversely, preparing a scenario, precisely configuring the generation process, performing multiple iterations, selecting shots, and creating a substantial edit better demonstrates human contribution.
In 2026, the Higher Council for Literary and Artistic Property identified three stages likely to reveal this apport: design and configuration; iterative generation with guidance; and finally, selection, refinement, or integration into the final work. This analysis remains a theoretical exercise, not an automatic guarantee applied to every video.
Honestly, claiming exclusive rights to a clip obtained through a routine instruction is risky. For a strategic campaign, it’s better to emphasize the human touch: storyboarding, a unique visual identity, editing, color grading, sound design, and editorial approval. The graphic design and editing tools can also be used to distinguish the final result from a simple, raw sortie.
Is it necessary to obtain consent from the people who are shown or imitated?
The consent form signed by an identifiable person must specify the medium, the purpose, and the duration of distribution only if authorization is required. According to Service-Public in 2026, authorization from the legal guardian is required to publish a recognizable image of a minor. A cloned voice or an animated face requires comparable caution, even if the scene was never filmed.
A person can be identified by their face, but also by their voice, their silhouette, a tattoo, or a sufficiently specific context. Consent obtained for an institutional photograph does not necessarily cover its transformation into a talking avatar, its inclusion in a paid advertisement, or its international distribution across multiple platforms.
The creation of a composite video poses an additional criminal risk. In 2026, Article 226-8 of the Penal Code penalizes the publication, without consent, of a montage created using a person’s image or words, provided that it is not obvious that it is a montage or that it is not expressly identified as such. The penalty is up to 1 year in prison and a fine of 15,000 €.
A proper document, therefore, is not a vague authorization. It must specify the person, the media involved, the commercial or editorial use, the channels, the territory, and the duration. In the projects we manage, we often see contracts that authorize traditional filming but say nothing about voice cloning or the generation of new expressions. This gap must be addressed before production begins.
When should you disclose that a video was generated by AI?
Effective August 2, 2026, Section 50 of the AI Act requires professional users to clearly label any generated or manipulated image, audio clip, or video that constitutes a deepfake. The label must be clear and recognizable upon first viewing. Purely personal, non-professional use is not subject to this requirement.
A deepfake is synthetic or manipulated content that resembles an existing person, object, place, or event and appears to be authentic. A company that publishes an advertisement, just like a creator acting in a commercial capacity, is considered a professional distributor under the AI Act.
The disclosure may take the form of a visible notice, such as “video generated or modified by AI,” placed in close proximity to the content. A disclosure buried in the terms and conditions or accessible only after several clicks does not adequately meet the requirement for initial exposure.
In August 2026, the European Commission stated that penalties for non-compliance with transparency requirements could reach 15 million euros or 3 % of global annual revenue. Suppliers of systems placed on the European market before August 2, 2026, have until December 2, 2026, to comply with certain machine-readable labeling requirements. This transition does not suspend the obligation of professionals who distribute deepfakes.
YouTube demande également de déclarer, pendant la mise en ligne, les contenus réalistes générés ou modifiés de manière significative. Selon l’aide officielle de YouTube en 2026, la déclaration ne réduit pas en elle-même la portée ni l’éligibilité à la monetization. Des omissions répétées peuvent toutefois entraîner l’ajout d’un libellé, la suppression d’une vidéo ou des sanctions dans le YouTube Partner Program.
What checklist should you follow before publishing something online?
An operational review of AI-generated videos must cover seven categories of evidence: sources, licenses, people, transparency, data, validation, and archiving. This review must take place before final approval and before media buying. Identifying an issue with a voice, music, or consent after launch often requires a new production and interrupts the campaign.
Here is the checklist to be incorporated into the agency’s or advertiser’s approval process:
- Identify the tool, its version, and the contractual terms applicable as of the date of generation.
- Archive the instructions, source files, and provenance of images, videos, text, music, voice recordings, and logos.
- Vérifier que chaque licence couvre la modification, l’usage commercial, le website, les réseaux sociaux, la publicité payante, le territoire et la durée prévus.
- Obtain written consent from each identifiable individual and the consent of the legal representative for any identifiable minor.
- Ensure consent for the cloning or transformation of an image and a voice, not just for the initial capture.
- Include a clear statement indicating that the content is a deepfake and complete the platform-specific disclosures, particularly on YouTube.
- Preserve the validations, the metadata of the generated file, and an exact copy of the final published version.
The assignment of rights warrants careful review. In 2026, French law requires that each assigned right be specified and that the scope of use be defined in terms of its extent, purpose, territory, and duration. An agency or actor’s invoice does not necessarily replace a properly drafted assignment agreement.
The following table breaks down the main controls by distribution channel.
| Channel | Priorritary controls | Evidence to retain | Common Risk |
|---|---|---|---|
| Company Website | Source Rights, Image Authorizations, Commercial License | Licenses, Assignments, Consents, and Published Copies | Use a specific medium exclusively for another medium |
| YouTube | Reporting Realistic Content Alterations, Music, and Platform Rules or | Screenshot of the declaration, licenses, and final file | Ignore the disclosure field lors of import |
| Social Media organiques | Consent, Deepfakes, Territory, and Duration | Detailed Autorization and screenshot of the post | Reusing an accord limited to the website |
| Paid advertising | Commercial Rights, Talent, Music, Branding, and Campaign Duration | Contracts that explicitly cover media buying | Confusing organique publications with advertising |
What data should you avoid sending to a video generator?
Images, audio recordings, and documents containing personal data must not be uploaded until the provider’s intended retention, reuse, and training practices have been verified. In 2026, the National Commission for Information Technology and Civil Liberties (CNIL) stated that an organization should consider prohibiting certain data only if the conditions allow for its reuse by the service.
Personal data is information that can be used to identify a person directly or indirectly. An employee’s photograph, a voice recording, an address, a customer number, or an internal presentation that includes a person’s name may fall into this category. Using a consumer-grade tool with a personal account can also circumvent the company’s security policies.
Before implementing import, review the retention period, the hosting location, the subcontractors, the deletion mechanism, and the option to exclude data from the training process. If these details remain unclear, anonymization or a contractually governed professional environment is preferable. The quality of the files matters less than controlling their circulation, as with any project based on a rigorous management of marketing data.
From the agency’s perspective, the standard practice is to separate test files that do not contain sensitive data from production files that include faces, voices, or internal information. This separation reduces the risk that a test file might, without validation, become data that is permanently stored by a vendor.
Defining rights, data, and responsibilities before the campaign launches helps prevent most last-minute withdrawals and campaign restarts. Above all, an outside perspective can help translate these requirements into a validation process that legal, marketing, and technical teams can use.
FAQ on AI-Generated Videos and Their Publication
Can you use a well-known song in a video created by AI?
Well-known music remains protected even if it is shortened, remixed, or incorporated into a video created by AI. You must obtain the necessary authorizations covering the musical work, the recording, and the relevant distribution channels.
Is a statement saying “created with AI” enough to eliminate all risk?
A statement such as “created with AI” fulfills only part of the transparency requirements. It does not replace source media licenses, individuals’ consent, or rules regarding personal data.
Who is responsible if an agency produces the video?
Responsibility depends on the contracts and the role of each party involved, but the advertiser should not assume that delegating authority transfers all risks. The contract must specify the allocation of verification responsibilities, warranties, validations, and the retention of supporting documentation.
How long should I keep proof of entitlement?
The retention period must cover at least the entire anticipated period of operation and be consistent with the applicable time limits for filing objections. Legal counsel can establish a policy tailored to the contract, the channel, and the type of data involved.