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 legitimate 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 interim injunction 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?

Article 50 of the AI Act has applied since 2 August 2026. Anyone publishing a deepfake must disclose that the image or sound has been artificially generated or manipulated. For evidently artistic or fictional work, that may be done in a way that does not hamper the work. In the Netherlands there is also a bill, the Wet naburig recht deepfakes van personen, which would give everyone the right to prohibit or permit deepfakes of their own voice or likeness. The public consultation closed on 31 December 2025 and the Dutch Copyright Committee was critical of it in May 2026. Whether it will be enacted is uncertain. Until then, protection runs through image rights and the actor’s contract.

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.

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 no longer a thing of 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 damage 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 apply.

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 legitimate interest in doing so, under article 21 of the Dutch Copyright Act. Making a deepfake without consent can readily give rise to such an interest. That applies to well-known actors as well: their fame has a marketable value, and the right to cash in on that value is theirs alone.
Neighbouring rights: a bill has been proposed. The Wet naburig recht deepfakes van personen would amend the Dutch Neighbouring Rights Act and give every performer, every natural person and their surviving relatives the right to prohibit or permit deepfakes of their voice or likeness. The public consultation closed on 31 December 2025. Whether it will be enacted is uncertain. The Dutch Copyright Committee was critical of it in May 2026, and the bill has not yet been submitted to the House of Representatives.
Contractual arrangements: The actor’s contract must expressly permit digital manipulation. Without that clause, the actor can still object later, even after filming has wrapped. On productions where you are considering using a digital double, it is sensible to settle the point at the negotiation stage.

Since August 2026 you have to disclose a deepfake

On 2 August 2026 the transparency obligation in article 50 of the AI Act became applicable. If you use a deepfake, you have to disclose that the image or sound has been artificially generated or manipulated. That obligation rests on the party deploying the deepfake, so on the production itself. The provider of the AI system also has to mark its output in a machine-readable format.

For work that is evidently artistic, creative, satirical or fictional, a lighter variant applies. The disclosure may then be made in a way that does not stand in the way of showing or enjoying the work. Where exactly that disclosure belongs in a feature film has not yet crystallised. We think along with you about a form that meets the obligation without breaking your screening.

Without adequate consent for a deepfake you risk claims for breach of image rights, neighbouring rights and reputational harm. In interim injunction 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 touch for a conversation.

Practice areas

Merel Teunissen

Lawyer

Merel advises and litigates in the fields of media law, film law, copyright, privacy law, contract law and intellectual property law. She acts for established and emerging media personalities, producers in film, television and podcasts, victims of unlawful publications and creative entrepreneurs.

Roland Wigman

Lawyer

Roland knows everything about film law and film copyright. After a brief career as a film producer, he has been assisting film producers, film financiers, film distributors and creators for more than 35 years. Both nationally and internationally.

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 cease-and-desist letter and interim injunction 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.