Generating the video is the easy part. What causes trouble is what happens after publishing: a person who didn't authorize appearing, a brand that complains, a platform that takes it down for lack of a notice. This article gathers a practical checklist. It is not legal advice: it is meant to tell you which questions to ask, and a lawyer should assess risky cases. The legal references are to Brazilian law, the context of GPUBrazil and GenBrasil.
1. Real people's faces and voices
- Authorization. The image and voice of an identifiable person are protected by personality rights (under the Brazilian Civil Code, using someone's image depends on authorization, with exceptions). For commercial use, get authorization in writing, stating where and for how long the content will be used.
- Privacy law (LGPD). Image and voice that identify a person are personal data, and biometric data used to identify someone has reinforced protection. Always ask: do I really need a real person here?
- A public figure is not a free-for-all. Making a politician or an artist “say” something they didn't is the shortest path to a lawsuit and, depending on the content, to criminal liability.
2. Third-party brands, characters and works
- Don't ask the model for a character or registered brand that isn't yours and use the result in a campaign.
- “In the style of” a living artist can be a problem, especially in commercial use.
- If the piece is for a client, document at delivery that the elements were created from scratch or licensed.
3. Label what is synthetic
Large video platforms ask that realistic AI-generated or altered content be flagged, and in some cases apply an automatic label. Even where it isn't mandatory, disclosing protects your brand: people who find out on their own that they were misled rarely forgive. GenBrasil has a short guide (in Portuguese) with good practices for disclosing AI video.
4. Election advertising, health and finance
Two topics have specific, sensitive rules: election advertising, where Brazil's electoral courts have rules on synthetic content and bans on manipulation to deceive voters, and health or financial content, where a misleading video causes concrete harm. In both cases, check current rules before publishing.
5. Rights over the result
Whether an AI-generated work gets copyright protection is still debated, in Brazil and worldwide, and the answer depends on how much human contribution exists. In practice: don't count on legal exclusivity over the raw clip. A piece with your direction, editing, script and soundtrack has more protectable layers than a raw clip.
6. Who controls what
About the files, it helps to understand the chain. On a service like GenBrasil, the prompt and video pass through the chosen model's infrastructure; GenBrasil states that it does not use customers' videos or prompts to train models, and its Terms detail the usage rules, commercial use included. On a dedicated GPUBrazil instance running an open model, you control the model, files and logs, with no third-party API in between. That helps with governance and privacy compliance, but it is a matter of control, not of where the data sits.
Quick checklist before publishing
- Is there a real person in the video? Do I have written authorization?
- Is there a third-party brand, character or work?
- Does the video look real and could it mislead? Did I say it is AI?
- Is the topic electoral, health or financial?
- Did I review the whole clip, frame by frame, for errors (text, hands, symbols)?
- Did I keep the prompt, model and generation date as an authorship record?
Frequently asked questions
Can I use AI-generated video in ads?
On GenBrasil's paid plans commercial use is allowed, under your responsibility for the content and third-party rights. Also check the ad platform's rules.
Do I have to say the video is AI?
The main platforms ask for flagging of realistic AI-generated content, and disclosing is good practice even when not mandatory.
Can I generate video with a real person's face?
Only with authorization, preferably in writing with a defined purpose and term. Without consent, the legal risk is high.
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