What is a deepfake in the context of film productions?

Deepfake technology lets you digitally recreate a person’s face, voice or body. More and more film productions are using it: to make actors look younger, to solve stunt scenes digitally, to improve lip sync when dubbing, or to give a deceased actor a role after all. In the film world the term ‘deepfake’ is also referred to as synthetic media or a digital double.

Do you always need consent for a deepfake of an actor?

Yes. Image rights apply even where you recreate an actor digitally instead of filming them physically. That means your deepfake requires the consent of the person whose face or voice you use. The actor’s contract must also expressly permit digital manipulation. If that clause is missing, the actor can object after the fact - even if the production is already well advanced.

What are neighbouring rights and why do they matter for deepfakes?

Neighbouring rights protect the performance of an artist or actor: the specific way in which someone plays a role or sings a song. If you use that performance as the basis for a deepfake - even if you process it digitally - you need consent on the basis of neighbouring rights. This is separate from image rights: both can apply at the same time.

Can you make a deepfake of a deceased actor?

That is possible, but not without more. Image rights continue to have effect for up to ten years after death. Surviving relatives can object to publication where they have a reasonable interest in doing so, for instance to protect the reputation of the deceased. So you need the consent of the relatives, and it is sensible to record that in writing.

What should an actor's contract say if you want to use deepfake technology?

The contract must contain an explicit clause permitting digital manipulation and synthetic reproduction of appearance and voice. Think about: the purposes for which the deepfake may be used, for what period, and whether the actor is entitled to additional payment. The more specifically you record this, the less room there is for argument afterwards.

What legal risks do you run if you use a deepfake without consent?

Without adequate consent you risk claims for infringement of image rights and neighbouring rights and for reputational harm. In summary proceedings the court can prohibit further distribution of the production. Missing consent can also cause problems with the errors and omissions (E&O) insurance that distributors and broadcasters almost always require. That can block distribution entirely.

What is changing under the AI Act and new Dutch legislation?

The AI Act imposes additional transparency requirements on providers of AI systems that generate synthetic media. The Dutch government has also held a public consultation on bringing consent for deepfakes within the scope of neighbouring rights. The rules are still developing, but the direction is clear: more protection for actors and creatives, and more obligations for producers who use synthetic media.

When should I engage a lawyer about using deepfakes in my production?

The most sensible moment is during the development stage, before you negotiate contracts with actors. That way consent and digital rights are properly arranged from the outset and you avoid running into legal obstacles halfway through the production.

What can I do about a damaging deepfake?

A deepfake is a fake image or video made with AI that looks real. Is a deepfake of you being circulated that harms your reputation, puts you in a false light or invades your privacy? You can take action against it. Legally this usually involves a combination of image rights, the right to privacy and protection against unlawful publication. The quickest route is normally a removal request to the platform, followed if necessary by a letter of claim and summary proceedings to stop the distribution. Where a deepfake is serious or criminal in nature, reporting it to the police can be an option too. Do get in touch quickly, because the sooner you act, the more you can limit its spread.

Deepfakes in film: legal opportunities and risks

Deepfake technology makes it possible to reproduce a person’s face or voice realistically. In film productions this opens up creative possibilities, but anyone who skips consent runs a legal risk. Whether you are working with a deepfake performer, a digital double or synthetic media in film, the legal framework is clear, even though on some points the regulation still lags behind the technology.

Creative applications of deepfake technology in film

Deepfake technology is used for de-aging (making actors look younger), bringing deceased actors back to the screen, digital stunt doubles, language dubbing with lip sync, and reshoots without the actor physically present. Major productions such as The Mandalorian and film series such as Fast & Furious have already used the technology.

Synthetic media in film are therefore no longer a matter for the future. They are a production tool already in wide use. At the same time there is growing awareness that the technology can also be misused away from the film set: to fabricate statements, to falsify performances or to compromise a reputation.

Legal requirements for deepfake technology: where do you start?

Using someone’s likeness, including a digital reproduction of it, requires consent on the basis of image rights. That holds for fictional reproductions too: even where you do not literally film someone’s face but reproduce it digitally, the same rules bind you.

Three layers of consent are relevant to deepfake use in film:

Image rights: You can object to publication of your portrait where you have a reasonable interest in doing so. Making a deepfake without consent can readily give rise to such an interest. That applies to well-known actors as well: their commercially exploitable popularity, meaning the right to turn their fame to commercial account, is reserved to them alone.

Neighbouring rights: A new legislative proposal (late 2025) introduces a neighbouring right for deepfakes. On this basis individuals and surviving relatives would be able to prohibit or permit the making, use and dissemination of AI-generated simulations of their voice or appearance. This new neighbouring right therefore also gives people control over their own “digital double”.

Contractual arrangements: The actor’s contract must expressly permit digital manipulation. Where that clause is missing, the actor can object after the event, even once filming has been completed. On productions where you are considering using a digital double, it is sensible to record this at the negotiation stage.

Risks where consent is inadequate

Without adequate consent for a deepfake you risk claims for breach of image rights, neighbouring rights and reputational harm. In summary proceedings the court can prohibit further distribution of the production, including after release. On top of that, distributors and broadcasters almost always require errors and omissions insurance: a policy covering claims for infringement of third-party rights. Missing consent for a deepfake performer can mean you are not insured.

How Liaise helps

As film law lawyers we guide film productions through the legal side of deepfake use: from contract negotiations and consent procedures through to assessing the risks of synthetic media in film. Whether it concerns a large international co-production or a smaller Dutch production, the questions surrounding digital doubles deserve a careful approach.

Would you like to know whether your production is on sound legal footing? Get in contact for a conversation.

Frequently asked questions about deepfakes in film

Without adequate consent you risk claims for infringement of image rights and neighbouring rights and for reputational harm. In summary proceedings the court can prohibit further distribution of the production. Missing consent can also cause problems with the errors and omissions (E&O) insurance that distributors and broadcasters almost always require. That can block distribution entirely.
The AI Act imposes additional transparency requirements on providers of AI systems that generate synthetic media. The Dutch government has also held a public consultation on bringing consent for deepfakes within the scope of neighbouring rights. The rules are still developing, but the direction is clear: more protection for actors and creatives, and more obligations for producers who use synthetic media.
A deepfake is a fake image or video made with AI that looks real. Is a deepfake of you being circulated that harms your reputation, puts you in a false light or invades your privacy? You can take action against it. Legally this usually involves a combination of image rights, the right to privacy and protection against unlawful publication. The quickest route is normally a removal request to the platform, followed if necessary by a letter of claim and summary proceedings to stop the distribution. Where a deepfake is serious or criminal in nature, reporting it to the police can be an option too. Do get in touch quickly, because the sooner you act, the more you can limit its spread.

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