Deepfake Dangers: Are You Accidentally Breaking the Law With AI Voice and Image Cloning?
Imagine seeing video of yourself, or someone who looks and sounds exactly like you, selling a product you’ve never heard of.
The words are yours, the smile is familiar, but you never gave your permission.
How would you feel?
Angry? Helpless? Maybe even scared?
Now, picture your business’s top spokesperson or your favorite celebrity “endorsing” a product in an ad, except they never agreed to it.
In the age of AI, these scenarios aren’t science fiction. They’re happening now, and they can turn trust into catastrophe overnight.
What Are Deepfakes and AI Cloning, Really?
Let’s keep it simple.
A “deepfake” is a fake image, video, or sound made with artificial intelligence.
It can make someone look, speak, or act like they never did. With just a few photos or audio samples, AI can copy a person’s voice, face, or even their entire personality.
This technology is powerful. It can bring fun and creativity to marketing, help brands connect in new ways, and even create virtual versions of loved ones. But when used without permission, it can also break the law, ruin reputations, and destroy trust.
How AI Cloning Can Get You in Trouble
You might think, “But my business would never use deepfakes to trick people!”
Even so, many people and companies are surprised by how easy it is to cross the line.
Here’s where things get risky:
No Permission? Big Problem. In the United States, it’s illegal to use someone’s image or voice for business without their consent. This is called the “right of publicity.” States like California, New York, and Tennessee have strict laws to protect people—even after they die!
Consent Can’t Be Assumed. Even if you use a celebrity voice or image “just for fun,” or you’ve bought a stock photo, you can’t turn it into an AI voice or deepfake for advertising without written permission.
AI Doesn’t Erase the Rules. AI can’t be your excuse. If a customer thinks a real person endorsed your brand because of a deepfake or cloned voice, your company could be sued for misleading advertising or even fraud.
Real Case, Real Consequences
Recently, there was a company that cloned a famous singer’s voice using AI for an ad. The star’s family sued, and the court said it didn’t matter that it was AI.
The law protected the real person’s likeness and voice.
The business faced a huge fine, bad press, and lost trust.
“Compliance Is the Foundation of Trust”
Eric Yaillen, certified in AI Consulting, Data Science, and AI Implementation, believes compliance is more than just a checklist. “AI is a powerful tool for branding and creativity,” he says, “but the fastest way to lose credibility and trust is to use it irresponsibly. When you respect people’s rights, you build lasting authority for your brand.”
His advice is simple: “Don’t wait for a lawsuit to find out where the lines are. Make compliance part of your brand’s DNA.”
The ELVIS Act, FTC, and the New Legal Reality
Did you know that Tennessee now has a law called the ELVIS Act?
It was the first state law to outright ban the unauthorized use of someone’s voice or image with AI (named, of course, for Elvis Presley).
California and Texas have similar laws. These rules don’t just protect celebrities. They protect everyone.
The Federal Trade Commission (FTC) also watches how companies use AI in ads.
If an ad makes it look like someone endorsed a product when they didn’t, or if the company hides that a spokesperson is a deepfake, the FTC can bring heavy fines and legal actions.
In Europe, the new AI Act will soon require that all AI-generated “deepfakes” be clearly labeled. If your marketing uses AI-generated content, you’ll need to disclose it.
China and Japan have passed rules to stop deepfakes from harming people or spreading fake news.
This is a worldwide movement.
Where Businesses Slip Up: Common Compliance Mistakes
Not Getting Written Consent. Even if someone agrees verbally, you need written proof for their image or voice to be used, especially if AI will clone it.
Ignoring State and Country Laws. Laws are different everywhere. What’s okay in one state or country might be illegal in another.
Hiding the AI. Making customers believe an ad is real when it’s AI-generated can lead to lawsuits and massive fines.
Using AI “Just for Fun.” Even if you’re not selling anything, deepfakes made as jokes or for internal use can still cause harm or legal trouble.
Steps for Staying Safe—and Building Trust
1. Always Get Permission.
Before using someone’s image, voice, or name—whether it’s a team member, customer, or celebrity—ask for written consent. Make it clear if AI will be involved.
2. Be Transparent.
If you use AI-generated content, tell your audience. Add disclaimers to ads, videos, and audio that say, “This content was created using AI.”
3. Know the Laws Where You Do Business.
If you market nationwide or worldwide, check the laws in each state and country. New rules pop up every month. Don’t assume what’s legal in your town is legal everywhere.
4. Work With Experts.
If you’re unsure, ask a compliance expert. Eric Yaillen recommends making compliance part of every marketing brainstorm. “Ask not just what AI can do, but what it should do for your brand’s reputation.”
5. Document Everything.
Keep records of every consent form, contract, and AI project. If there’s ever a complaint, you’ll have proof that you followed the rules.
How This Affects Digital Marketing and Branding
AI is changing the game in digital marketing. With deepfakes and voice cloning, brands can tell stories like never before.
But with great power comes great responsibility.
A single mistake, a deepfake without consent, a cloned voice in the wrong context, can ruin years of hard-earned trust.
Eric Yaillen puts it best, “Compliance isn’t a barrier. It’s your brand’s safety net. When you get it right, you earn more than just clicks or views. You earn loyalty that lasts.”
How Healthcare Is Affected
The stakes are even higher in healthcare.
Imagine a digital nurse using a real patient’s face or voice without permission, or AI creating fake testimonials for a health product.
The risks go beyond lawsuits. They can put patient safety and trust on the line. Healthcare brands must be especially cautious, as HIPAA and strict privacy laws apply.
What’s Next? The Future of AI and Compliance
Expect more laws, stricter rules, and bigger fines.
As AI gets smarter, regulators are racing to keep up. Businesses that lead in compliance by making consent and transparency core values will stand out as trustworthy and safe.
But the real question is: Will you wait for the next headline-grabbing lawsuit, or will you make compliance your competitive edge now?
Want to make sure your business stays on the right side of the law?
