Frame 01 · Hook · Sample storyboard
The founder speaks to camera as an AI presenter
Clear first: the founder’s signed release covering face and voice, this script, these channels and an end date. Disclose: a real person appearing to say words they never recorded is the kind of realistic synthetic content platforms ask you to label.Frame 02 · Problem
Stock footage of an overflowing support inbox
Clear first: a stock licence that covers paid social, not only web or organic use. Log the licence ID, allowed channels and expiry in the asset ledger.Frame 03 · Product
A screen recording of your own product
Clear first: nothing to licence, but blur any customer names, emails or account details the recording captured.Frame 04 · Proof
A real customer review, quoted on screen
Clear first: the review is genuine, quoted word for word, and the customer agreed to its use in ads. The AI presenter may introduce it, but must never appear to be that customer.Frame 05 · B-roll
A generated shot of a real city at dusk
Clear first: the generator’s terms allow commercial use. Disclose: realistic generated footage of a real place needs the platform label. Expect little copyright protection in the shot itself.Frame 06 · Close
Logo end card, licensed music and a “Made with AI” line
Clear first: a music licence for these channels and the full paid run. The end card carries the disclosure wording agreed in the brief.
Where the risk sits in an AI video
Every AI marketing video raises three separate questions, and they are answered at different stages. Do you have the rights to what goes in: faces, voices, footage, music, fonts and marks? What rights do you have in what comes out? And is what the video says and shows honest, including whether viewers can tell what was generated?
On the second question, the US Copyright Office concluded in January 2025 that, with current generally available technology, prompts alone do not give a user enough control to be the author of the output. Human contributions still count: your own footage and script, the selection and arrangement of material, and creative changes to generated output can be protected, judged case by case. In practice, the protectable parts of an AI video are mostly the human-made ones. A purely generated shot may be free for anyone to reuse, so do not build a brand mascot or a signature visual on it.
Terms used in this guide
- Likeness: a person’s face, body, voice or other recognisable traits.
- Digital replica: the Copyright Office’s term for a realistic, digitally generated version of a real person’s voice or appearance.
- Synthetic content: footage or audio generated or materially altered by AI so that it looks or sounds real.
- Licence scope: what a licence allows, by channel, paid or organic use, territory and duration.
- Asset ledger: one row per asset in the video, recording its source, licence or consent, scope and whether it was generated.
- Content Credentials: provenance data attached to a file under the C2PA open standard, recording its origin and edits.
The pipeline, stage by stage
Stage 1: brief — decide what may be said, and who may appear
The brief sets the limits every later stage checks against. It lists the approved claims, each traced to a source you can show. It names every real person who will appear or be heard, so consent can be collected before anyone writes a script around them. It lists the channels and markets, because those decide which licences you need and which disclosure rules apply. And it records the disclosure stance: platform labels where required, plus whether the video carries its own on-screen line.
Stage 2: script — keep claims and voices honest
The FTC’s rule on consumer reviews and testimonials, in force since October 2024, prohibits fake testimonials, including ones attributed to people who do not exist. The FTC’s own questions and answers on the rule add two points that matter for AI video. The rule has no blanket ban on AI avatars, but an avatar delivering a testimonial is only acceptable when the testimonial itself is real and not misrepresented. And using a celebrity’s avatar without permission violates the rule when viewers would think the celebrity gave the endorsement. At script stage, that means every claim traces to the approved list, no line invents a customer, and no presenter speaks as if they personally used the product unless they did.
Stage 3: storyboard — run the rights check before render
Rendering is where cost accumulates, so clear rights while frames are still drawings. Give every asset in every frame a row in the ledger, and block the render while any row is incomplete. The ledger is also what you hand a platform, a client or a lawyer who asks where something came from.
frame,asset,source,licence_or_consent,channels,paid_use,territory,expires,generated,disclosure
01,founder presenter (face + voice),own talent,release R-2026-014,web+social,yes,worldwide,2027-10-31,yes,platform label + end card
02,inbox footage,stock library,licence SL-88213,web+social,yes,worldwide,perpetual,no,none
03,product screen recording,own product,n/a (owned; customer data blurred),all,yes,worldwide,n/a,no,none
04,customer review quote,customer email,written permission P-0042,web+social,yes,worldwide,2027-04-30,no,none
05,city skyline b-roll,image-to-video tool,tool terms v2026-09 (commercial use),web+social,yes,worldwide,n/a,yes,platform label
06,music bed,music library,sync licence ML-5530,web+social,yes,worldwide,2027-10-31,no,noneStage 4: render — keep provenance intact
Before each project, re-read the terms of every generation tool you use: whether commercial use is allowed on your plan, who owns the output, and whether generating real people is prohibited. Keep the project files, prompts, tool versions and dates, so you can show how each shot was made. Where your tools support Content Credentials, keep them attached: C2PA is an open standard for recording a file’s origin and edits, and YouTube and TikTok both say they may label uploads automatically when that metadata is present. Re-encoding or cropping in some editors strips it, so check the exported file.
Stage 5: review and publish — disclose where the rules ask
Disclosure rules differ by platform and by market, and they change often. The table summarises what each source said when we read it; check the current text before each campaign.
| Platform or rule | What needs a label | How it is shown |
|---|---|---|
| YouTube | Realistic altered or synthetic content: a real person appearing to say or do something they did not, realistic footage of real places or events, AI music at the centre of a video. Not needed for clearly unrealistic content, minor edits, or AI help with scripts and thumbnails | Set during upload; the label appears in the description or the player, and may be applied automatically |
| Meta (Facebook, Instagram, Threads) | Organic posts with photorealistic video or realistic-sounding audio that was digitally created or altered must use the disclosure tool; penalties may apply | An “AI info” label, with a more prominent label for content at high risk of misleading the public |
| TikTok | AI-generated or heavily edited content showing realistic scenes or people. Likenesses of private adults without permission, and of minors, are not allowed at all | The creator label, or a clear caption, sticker or watermark; automatic labels cannot be removed |
| EU AI Act, Article 50 | Deployers of AI that generates deep fakes must disclose that the content is artificially generated or manipulated; a lighter duty applies to evidently artistic, satirical or fictional work | Disclosure to the viewer; the Article applies from 2 August 2026 |
| India, IT Rules as amended in February 2026 | Synthetically generated audio or video that appears real; routine editing and good-faith illustrative material are excluded | Platforms label it prominently and embed provenance metadata; large social platforms ask uploaders to declare it |
Likeness and voice consent: what the release should cover
In the United States, protection against unauthorised digital replicas comes from a patchwork of state privacy and publicity laws, and the Copyright Office’s July 2024 report found those laws insufficient and recommended a new federal right. Until the law settles, a written release is the control you can rely on. A release for an AI presenter or a cloned voice should state:
- Who is being replicated, and exactly what: face, body, voice, name, or a combination.
- That the release covers AI-generated performances, not only recorded footage.
- Which scripts or categories of content are allowed, and which are excluded, such as endorsements, political content or anything the person has not seen.
- Channels, paid or organic use, territories and an end date.
- Whether the person approves each script, or a category in advance.
- Who holds the trained voice or avatar files, where they are stored, and when they are deleted.
- How the person can withdraw consent, and what happens to videos already published.
- Payment, if any, and what happens when an employee leaves the company.
Employees deserve particular care. Consent given as part of a job can look less than free, so keep the release separate from the employment contract and make withdrawal easy.
Worked example: what the rights check caught
The storyboard at the top of this page, as a rights check might go. It is an illustration with an invented product, not a client project.
- Frame 01 passes: the founder’s release names this script, social and web channels, and an end date.
- Frame 02 fails: the stock licence covered web use only. A clip with a paid-social licence replaces it before render.
- Frame 03 needs work: a customer’s email address is visible in the screen recording, so it is blurred.
- Frame 04 changes: the customer withdraws permission for ads, so the frame shows a product feature instead of the quote.
- Frame 05 passes with a flag: the generated skyline is marked for the platform label.
- At publish, the AI labels are set on each platform, the end card carries the agreed wording, and the ledger is archived with the project.
Rights, consent and disclosure checklist
- Every claim in the script traces to an approved source.
- No testimonial, review or endorsement is generated, and no presenter speaks as a customer.
- Every real person who appears or is heard has a signed release covering AI generation, scope and an end date.
- No public figure, competitor or private individual is replicated without written permission.
- Every asset has a ledger row with its licence or consent, channels, paid use, territory and expiry.
- Generation tools’ terms were re-read for this project and allow commercial use of the output.
- Project files, prompts, tool versions and dates are kept with the video.
- Content Credentials survive export where your tools support them.
- Each platform’s AI label is set wherever its rules ask, and an on-screen line is added where the brief requires one.
- Rules for each target market, including the EU and India where relevant, were checked on the day of publishing.
When not to
Some videos should not use generated people or voices at all:
- Testimonials and reviews. Film real customers who agreed to take part.
- Anything that looks like news, an emergency or a public statement by a real official.
- Health, financial or legal claims that need a compliance review before anyone sees them.
- Brand assets you need to own outright, such as a mascot or signature visual. Generated imagery may not be protectable.
- Placements that strip metadata and give you no way to add a label, when the content would need one.
Limitations
- This guide is orientation for marketers, not legal advice. Rules on likeness, copyright and advertising differ by country and US state, so check a specific campaign with counsel.
- Platform policies change often and are enforced unevenly. The table reflects the sources on the date shown; re-read them before each campaign.
- The Copyright Office’s conclusions describe US registration practice. Other countries treat AI-generated works differently.
- Automatic AI labels depend on metadata that some editors and upload paths remove, so an unlabelled file is not proof that nothing was generated.
- Generation tools change their terms and features frequently. A licence that covered last quarter’s project may not cover the next one.
Sources
- Copyright and Artificial Intelligence, Part 2: Copyrightability (January 2025) (opens in a new tab) · US Copyright Office · accessed
- Copyright and Artificial Intelligence, Part 1: Digital Replicas (July 2024) (opens in a new tab) · US Copyright Office · accessed
- The Consumer Reviews and Testimonials Rule: Questions and Answers (opens in a new tab) · US Federal Trade Commission · accessed
- Disclosing use of altered or synthetic content (opens in a new tab) · YouTube Help · accessed
- Labelling AI-Generated Images on Facebook, Instagram and Threads (opens in a new tab) · Meta · accessed
- Our Approach to Labelling AI-Generated Content and Manipulated Media (opens in a new tab) · Meta · accessed
- Community Guidelines: Integrity and Authenticity (AI-generated content) (opens in a new tab) · TikTok · accessed
- AI Act, Article 50: Transparency obligations for providers and deployers of certain AI systems (opens in a new tab) · European Commission, AI Act Service Desk · accessed
- Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, updated as on 10.02.2026 (opens in a new tab) · Ministry of Electronics and Information Technology, India · accessed
- C2PA and Content Credentials (opens in a new tab) · Coalition for Content Provenance and Authenticity · accessed