In Germany, you are primarily protected by the general right to personality (Art. 1 para. 1 in conjunction with Art. 2 para. 1 GG), the Copyright Act (KUG) – in particular §§ 22, 23 KUG – as well as supplementary by the General Data Protection Regulation (GDPR).

Furthermore, the AI Act is gaining increasing importance. This creates a harmonized legal framework for the use of AI across the Union for the first time and contains in particular requirements for transparency, risk classification and compliance. The AI Act explicitly provides for labelling requirements for deepfakes and synthetic media: AI-generated or manipulated content must be made recognisable as such to avoid deception.

Legal basis:

The use of your image regularly constitutes an infringement of your right to personality and – depending on the constellation – your right to informational self-determination. According to § 22 KUG, the distribution and public display of images is generally only permitted with prior consent. This consent is to be interpreted purposefully and, in case of doubt, narrowly.

Use without consent (also outside of contractual relationships):

If your image is used – particularly in the form of deepfakes or AI-generated derivatives – without effective consent or beyond the agreed-upon scope of use, you are entitled to the following claims:

• Claim for injunction (§§ 823, 1004 BGB analog): Claim for immediate termination of the unlawful use.
• Removal claim: removal or deletion of content already distributed.
• Right to information: Disclosure of the scope, duration, and distribution channels of use.
• Damage claim (§ 823 BGB, Art. 82 DSGVO): For material and immaterial damages, especially for damage to reputation.
• Compensation: In the case of serious violations of personality rights.

The GDPR can also apply if your image is processed as personal data (Article 4 No. 1 GDPR). This results in, in particular, claims for deletion (Article 17 GDPR) and, if applicable, objection (Article 21 GDPR).

The AI Act complements this protection framework by obliging providers and users of AI systems to minimize risks and ensure transparency. Violations, such as unmarked deepfakes, can lead to regulatory sanctions.

Enforcement of the law:

In practice, enforcement is regularly carried out through a lawyer’s warning with a penalty-based injunction. In the case of ongoing or serious violations, injunctions or lawsuits can be filed in civil courts.

In serious cases – such as with defamatory or deceptive deepfakes – criminal offenses (e.g. §§ 185 ff. StGB or § 201a StGB) may also be relevant.

Conclusion:

Even without a contractual basis, the use of your likeness is strictly regulated by law.Your consent is the central legitimacy basis.

Disclaimer:

The information in this FAQ is provided for general informational purposes only and does not constitute legal advice. It is not a substitute for individual legal consultation. If you have a specific case, please consult a lawyer you trust or contact us- we will be happy to assist you.