The use of AI-generated employee action figures in image format is increasingly gaining popularity in marketing. However, companies should address the legal aspects before implementing this creative marketing measure. This article shows which legal requirements must be considered.
Legal Framework
For the use of employee action figures in marketing, the following legal frameworks must be particularly observed:
- Right to One’s Own Image: According to §§ 22, 23 of the German Act on Copyright in Works of Fine Arts and Photography (Kunsturhebergesetz – KUG), images of individuals may only be published with their consent in certain constellations. This also applies to AI-generated images that show a recognizable similarity to real persons. However, data protection requirements frequently take precedence.
- Data Protection (GDPR): When designing consent, special attention must be paid to voluntariness, transparency, and revocability.
- Copyright and Rights of Use: Who holds the rights to the created action figures should be contractually regulated. Furthermore, care must be taken not to infringe on third-party copyrights (e.g., “toy brands”).
Concrete Application within the Company:
Companies should ensure that the aforementioned legal requirements are clarified before publishing corresponding “action figures”. AI guidelines can be helpful in this regard, especially since they are recommended anyway for demonstrating the AI competence of one’s own personnel, which has been required since February 2, 2025 (Art. 4 AI Act).
Assessment of Practice Implications for Companies:
Companies that wish to use employee action figures in marketing should therefore observe the following points:
- Observe the consent requirement: If “action figures” show a recognizable similarity to a real person, consent should be obtained in case of doubt. Voluntariness and revocability are challenging in this regard.
- Create a contractual basis: To avoid the disadvantages of consent, a contractual processing basis is recommended.
- Observe IP rights: Third-party IP rights must not be infringed.
- Comply with fairness limits and transparency obligations: Misleading statements must be avoided, and sufficiently transparent data protection information must be provided.
- AI Guideline: An AI guideline can help to avoid corresponding errors already during prompting. Such a guideline should be implemented by every company that uses AI anyway as of February 2, 2025.
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Summary of the keyfacts
- The use of action figures is an effective marketing tool.
- It can be implemented in compliance with the law.
- This requires considering image rights, data protection regulations, and copyright issues. If possible, an outlook or a recommendation for action can be given at the end of the article.
