The use of virtual models and AI avatars in advertising campaigns has grown quickly, and it brings questions that many brands only address after a campaign has already gone live. This isn't a topic to treat lightly: before using an AI-generated face, or a digital twin based on a real person, there are checks worth making. This article is for general informational purposes only and doesn't replace legal advice - for specific situations, it's always worth talking to a lawyer.
Why this topic applies to AI too, not just traditional photography
Image rights existed long before generative AI, but the production of synthetic content has opened up some less clear-cut areas: who owns the rights to a face generated entirely by an AI model? What happens if an avatar resembles - even unintentionally - a recognizable real person? And what if a brand creates a digital twin starting from the face of a model it has already worked with in the past? These aren't questions with a single universal answer, which is exactly why it's worth addressing them before a campaign launches, not after.
Avatars built from scratch vs a digital twin of a real person
It's good practice to distinguish between two very different cases. The first is an avatar created entirely by AI, without being based on an identifiable real person's face: here, the main issue relates to the license terms of the platform or AI model used to generate it, rather than an individual's image rights. The second case is the digital twin: a digital representation built from the face, voice or movements of a real person, whether a professional model or someone internal to the brand. In this second case, it's worth verifying that explicit consent exists, along with an agreement that clearly sets out how long, on which channels and in which markets that digital image can be used.
"An avatar built from scratch and a digital twin of a real person aren't the same thing from a risk standpoint. Treating them the same way is the most common mistake we see."
What to check before launching a campaign with AI avatars
- If the avatar is inspired by or based on a real person, verify that specific written consent exists for digital/AI use, not just for any original photo shoot.
- Check the license terms of the AI tool or platform used to generate the image or video, including commercial use.
- Define the geographic and time scope of use for the digital image, the same way you would for a traditional model contract.
- Verify that the generated image doesn't recognizably reproduce the face of third parties without consent, even when that isn't the stated goal of the generation.
- If in doubt about a specific market or a particularly sensitive use case - comparative advertising, regulated sectors, minors - it's worth consulting a lawyer before publishing.
How we work at DigitalX Studio
When we develop digital avatars or virtual models for a brand, we work with assets created specifically for the project, following a process that starts from an original art direction rather than replicating an existing face without authorization. When a project involves the image of a real person - a model, a founder, someone from the brand's team - we work to make sure there's clarity on consent and scope of use before moving into production.
That said, we remain a creative agency, not a law firm: for the contractual side and formal checks, our advice is always to bring in a trusted lawyer, especially when the campaign involves markets or sectors with specific rules. If you want to understand how we set up a project involving digital avatars, take a look at our services or our portfolio.