More creators are being asked whether a brand can use an AI version of them in an ad. For some, it is a genuine new income stream: you agree to a use once, and you don’t have to be on set. For others it is a risk they don’t fully understand. This guide walks through how to say yes safely, and when to say no.
It is written for adult creators, presenters and everyday people who might license their likeness. It is general information, not legal advice.
1. Know exactly what you’re agreeing to
The single most important protection is a specific agreement. “Use of my likeness in marketing” is far too broad. Before you sign, you should be able to answer:
- Which brand, and which product or campaign?
- What will the AI version of you say or do? Is there an approved script?
- Where will it run (social ads, websites, TV, out-of-home), and in which countries?
- How long does the licence last, and what happens at the end?
- Is it exclusive (you can’t work with competitors), and are you paid for that?
- Does it include your voice, or only your appearance?
Some places already write this into law. In California and New York, a contract term that lets a digital replica of your voice or likeness stand in for work you would otherwise have done in person may be unenforceable unless it includes a reasonably specific description of the intended uses and you had a lawyer or union representation (California AB 2602; New York S7676B). Even where that law doesn’t apply to you, it is a good standard to insist on.
2. Separate “appearing” from “endorsing”
Appearing as a presenter in an ad is not the same as personally recommending a product. A line like “I use this every day” is a testimonial: it tells viewers about your experience.
Australia’s competition regulator gives a useful example: a hotel chain pays an influencer to post that she loved staying at a resort she has never visited, and that post “is likely to be false, misleading or deceptive” (ACCC). An AI version of you saying something you have never experienced raises the same problem, with your face on it.
So:
- Agree to spokesperson-style scripts by category if you’re comfortable.
- Require separate, explicit approval for each brand before any personal testimonial.
- Refuse claims you can’t stand behind, especially health, money or results claims.
3. Set your boundaries before anyone asks
It is much easier to decide your limits once, calmly, than under pressure from a deal. Write down:
- Categories you’ll never appear in. Many people exclude politics, gambling, alcohol, weight loss, adult content, financial or crypto promotions, and anything aimed at children.
- Brands you’ll never work with, including competitors of brands you already represent.
- Tone limits. For example, no comedy that makes you look foolish, or no scenes involving family.
- Your minimum fee, and whether renewals cost the same.
A good licensing process applies these rules automatically and sends anything unclear back to you for review, rather than quietly approving it.
4. Protect your face and voice data
To create an AI likeness, a provider usually needs photos, video and voice recordings of you. Treat that material as you would your passport.
In Australia, the privacy regulator says biometric information, “including facial images, when used for automated verification or identification purposes”, is sensitive information under the Privacy Act (OAIC). Ask any company that wants your capture data:
- Where is it stored, and is it encrypted?
- Who can access it? (Ideally, no business ever receives your raw recordings or a reusable model of you, only finished, approved videos.)
- Will it be used to train AI models beyond your own likeness? Get a clear no, in writing, if that’s what you want.
- How do you delete it, and how long do backups keep it?
5. Insist on disclosure
Licensed AI content should be labelled as AI. That protects viewers and it protects your reputation if a clip circulates without context.
Platforms are moving the same way. YouTube asks creators to disclose realistic content that “makes a real person appear to say or do something they didn’t do” (YouTube Help). Technical standards such as C2PA Content Credentials can attach a verifiable record of how a video was made. Ask that every video made with your likeness carries a visible AI label and a licence reference.
If you also post the ad on your own channels, that is advertising too. Australia’s competition regulator expects promotional posts to be clearly disclosed, and reports that vague tags such as “sp” or “spon” are a common problem (ACCC sweep findings, December 2023). Posting to your audience is a separate service from licensing your likeness, so price it separately.
6. Get paid for use, not for promises
Be cautious of deals that pay in “exposure” or in a share of views. A cleaner model is a fee when a licence is issued and again when it is renewed, so every period of use is a payment you can see. Ask for a record of every licence issued with your likeness, and check it against what you’ve been paid.
7. Keep control of the future
Before you sign, find out:
- Can you pause new licences at any time?
- Can you revoke permission for future use, and what happens to ads already running?
- Who do you contact if something goes wrong, and how quickly do they act?
Be realistic: a licence you have already granted usually runs until it ends, so pausing stops new uses rather than deleting old ones. That is another reason to keep licence periods short at first.
8. Watch for misuse
Search for your name and image now and then. If you find an AI version of you that you never approved, keep screenshots and links, report it to the platform, and contact whoever holds your capture data. The law in this area is still developing. In the United States, for example, a federal bill on unauthorised digital replicas was introduced in 2025 (S. 1367) but, as far as we could find when writing, has not become law. Get advice in your own country if a misuse is serious.
A quick checklist
- Specific brand, script, placements, countries and dates
- Testimonials need my separate approval, brand by brand
- My blocked categories and brands are written into the agreement
- My capture data is encrypted, never handed to the business, and deletable
- Every video is labelled as AI and linked to a licence
- I’m paid per licence and per renewal, with a record I can check
- I can pause or revoke future use
- I had independent advice before signing
How Likeness approaches this
We’re building Likeness around these principles: verified adults only, rules you set once, separate approval for testimonials, disclosed videos, and a payment for every licensed use. It is still in development and not yet open. If you’d like to hear when creator accounts open, email [email protected].
This article is general information, not legal advice. Laws differ between countries and change often; speak to a qualified lawyer before signing a likeness agreement.
Sources
- California Legislature, AB 2602 (2024)
- New York State Senate, S7676B
- Australian Competition and Consumer Commission, Social media promotions
- Australian Competition and Consumer Commission, Social media influencer testimonials and endorsements (sweep findings, December 2023)
- Office of the Australian Information Commissioner, Facial recognition technology: a guide to assessing the privacy risks
- YouTube Help, Disclosing use of altered or synthetic content
- C2PA
- US Government Publishing Office, S. 1367 (119th Congress)