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.
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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.
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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.
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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.