{"id":102600,"date":"2026-04-08T12:05:27","date_gmt":"2026-04-08T11:05:27","guid":{"rendered":"https:\/\/www.ictrechtswijzer.be\/?p=102600"},"modified":"2026-04-08T12:08:54","modified_gmt":"2026-04-08T11:08:54","slug":"artificial-intelligence-in-documentaries-what-are-the-legal-pitfalls-for-filmmakers","status":"publish","type":"post","link":"https:\/\/www.ictrechtswijzer.be\/en\/artificiele-intelligentie-in-documentaires-wat-zijn-de-juridische-valkuilen-voor-filmmakers\/","title":{"rendered":"Artificial intelligence in documentaries: what are the legal pitfalls for filmmakers?"},"content":{"rendered":"

More and more documentary filmmakers are using artificial intelligence (AI) to create unique images, voices or storylines, but this innovation carries legal risks. To avoid fines and reputational damage, creators must pay strict attention to portrait rights, avoid copyright infringement and prepare for the strict transparency obligations for deepfakes under the European AI Act. The golden rule for any production is to ensure proper permissions and document every step of your AI creation process.<\/p>\n\n\n\n

Protection of image and voice<\/h2>\n\n\n\n

One of the most critical issues in documentary filmmaking is the use of an individual's image or voice. Within Belgian and European law, the right to image (the portrait right) and the protection of personal data are strongly established.<\/p>\n\n\n\n

As a general rule, to use or mimic someone's voice and appearance through AI, you need explicit consent. This falls under the provisions of the General Data Protection Regulation (GDPR)<\/a> and the Belgian right to privacy (including the right to image<\/a>).<\/p>\n\n\n\n

There are exceptions for public figures or celebrities when it comes to current news gathering and information reporting. You may report on them without prior permission. However, this exception is not absolute. When you use AI to generate scenes with public figures that deeply intrude into the private sphere, or when you present misleading information or false facts via a \u2018deepfake,\u2019 you cross the line. Such misrepresentations of facts can quickly qualify as slander and defamation <\/a>(criminally sanctionable) and lead to claims for damages.<\/p>\n\n\n\n

Copyright risks of AI-generated output<\/h2>\n\n\n\n

Documentary filmmakers must be vigilant about copyright infringements<\/a> when they use output from generative AI models in their movies. Generative AI models (such as Midjourney or ChatGPT) are trained on billions of existing works. As a result, the output they generate is not necessarily \u201ccopyright safe\u201d.<\/p>\n\n\n\n

Integrating AI-generated images, music or text may therefore violate existing intellectual property rights<\/a>, as enshrined in Book XI of the Belgian Code of Economic Law<\/a>.<\/p>\n\n\n\n

The approach for filmmakers:<\/strong><\/p>\n\n\n\n