Can I create an NFT collection of deep fake videos using the face of known politicians and actors with self-created sentences?

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  • Germany


The legality of using the likeness of a known politician or actor in an unauthorized video depends on the specific circumstances of the case. Generally, individuals have both civil and constitutional rights to their likeness. If a person’s image is used without their consent, especially in a commercial context or in a negative manner, this could violate their rights and result in legal liability.

However, there are exceptions to this principle. For instance, well-known individuals may need to tolerate some infringement on their personality rights due to their fame, as long as the use is not excessively negative. Additionally, using someone’s likeness for artistic purposes may help overcome claims of infringement.

It’s also important to note that creating deepfake videos relies on source material, which may be copyrighted. If the source material is not properly licensed, the resulting video could be considered copyright infringement.

Felix Tann

Intellectual Property and Competition Law

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