Tom Hanks and other well-known actors found themselves 'promoting' products and services in advertising campaigns created with deepfake technology, without any agreement. The actors had received no remuneration and had given no consent.
Deepfakes can violate several rights: image rights, protected in Romania by the Civil Code, which allows every person to control the commercial use of their likeness; voice rights, a comparable right still developing in legal doctrine; and copyright, where excerpts from works performed by the person are reproduced.
Companies wishing to use a person’s likeness, face, voice or image, in commercial campaigns must obtain explicit consent, whether the person is a celebrity or an ordinary employee.
The EU AI Act and emerging national rules will set clearer standards in this field. Until then, obtaining explicit, documented consent remains the only safe practice.