Consent to Use Your Image in Ads and AI: A Guide for Creators and Actors
Short answer
Distributing your image in an ad in Poland requires your consent (Article 81 of the Copyright Act), but if you were paid for posing without an explicit reservation, consent may be deemed unnecessary. So write down the content, channels, period, territory, permitted changes and AI use separately. Brand jobs with automatically created contracts are on Blogger Bank.
Consent to use your image is the permission you give a brand, agency or producer to distribute your face, figure or voice in a specific piece of content. For creators, actors, models and extras in Poland it is the most important clause in any advertising contract — and, since AI tools arrived, also the clause that decides whether someone can generate a “new you” without a new shoot and without new pay.
What Polish law says: Article 81 of the Copyright Act
The basis is Article 81 of the Polish Act on Copyright and Related Rights (consolidated text: Journal of Laws 2025 item 24, ISAP). It says that distributing a person’s image requires the permission of the person depicted, and that, absent an explicit reservation, permission is not required if the person received the agreed payment for posing.
The second sentence is a trap for anyone who works on set for money. If you were paid for posing and did not explicitly reserve what you agree to, the other side may argue that no permission was needed. So the scope of consent has to be written down, not assumed.
The Act also lists two exceptions where no permission is needed: the image of a widely known person taken in connection with their public functions, and the image of a person who is merely a detail of a whole, such as an assembly, a landscape or a public event. An ad with you as the main character falls under neither.
Your image is also a personal interest protected by Articles 23 and 24 of the Polish Civil Code (ISAP), and as personal data it is covered by the GDPR.
What to include in an image consent
Consent “to use the image for marketing purposes” with no further detail in practice means consent to almost anything. Good consent answers six questions:
- Which content. A specific shoot, spot or reel with a date, not “materials created under the cooperation”.
- Who may use it. Only the brand, or also its agency, distributors and group companies.
- Where. Channels: the brand’s social media, paid ads, TV, outdoor, packaging, points of sale.
- For how long. A period in months and an end date. “Perpetual” consent should cost clearly more than consent for a quarter.
- Which territory. Poland, the EU or worldwide — for online ads this matters for paid distribution.
- Which changes. Whether cropping, retouching, dubbing, combining with other footage and placing next to other products is allowed.
It is also worth stating that the fee covers the specified scope and that any extension — a longer period, a new channel, a new country — requires new consent and extra pay. Rights to the recording itself are a separate matter from image consent; see our glossary entry on usage rights.
Your image and AI: consent to a digital copy
Generative tools can turn a few minutes of footage into an avatar, clone a voice or “add” a scene you never acted. A classic consent to use photos from a shoot says nothing about such use, so a dispute over its scope is only a matter of time. If a brand wants to use AI, the clause should say so explicitly:
- whether a model may be trained on your recordings and whether a digital avatar or voice clone may be created;
- for which content and for how long new material with your likeness may be generated;
- whether you approve each generated creative before publication;
- what is off limits: politics, adult content, competing products, statements you have not approved;
- what happens to the model and data after the contract ends — deletion and confirmation of deletion;
- separate pay for AI use, independent of your day rate on set.
EU law points the same way. The AI Act, Regulation (EU) 2024/1689, in Article 50(4) requires deployers of AI to disclose that deepfake content has been artificially generated or manipulated. That is a labelling duty, not consent — which is why you have to write consent to a digital copy into the contract yourself.
Image published without consent: what you can do
If your photo or footage ended up in an ad without consent or beyond its scope, Article 83 of the Copyright Act refers to the claims in Article 78(1). You can demand that the infringement stop and that its effects be removed, for example through a public statement. For culpable infringement a court may award compensation for harm or order payment to a social cause you name. Separately, the Civil Code allows claims for financial damage.
In practice, start by securing evidence: dated screenshots with links, a copy of the contract and correspondence. Then send a written demand to remove the content with a deadline. For a larger campaign or AI use, consult a lawyer straight away — this article is not legal advice.
When the basis is GDPR consent
An image that makes you identifiable is personal data. If a brand processes it based on consent under the GDPR, you can withdraw it at any time, and withdrawal does not affect the lawfulness of earlier processing (Article 7(3) GDPR). In advertising, however, the basis is often the contract itself, so it is better to spell out when use of your image ends.
What your image is worth
The scope of consent is part of the price. The same content used organically on a brand’s profile for a month and in paid ads for a year are two different services. We explain how to price content and licences in how much a UGC creator earns in Poland, and ads run from a creator’s account in our piece on partnership ads and whitelisting in the contract. Creator rates by niche are in our directory of influencers and creators.
How Blogger Bank protects your image when working with brands
Actors, models and extras who work in front of the camera increasingly get jobs directly from brands: UGC ads, social media spots, product shoots. On Blogger Bank you start with clear terms instead of guesswork:
- Instead of verbal agreements on set — the brand describes the task in the job post, and the contract with the brand is created automatically once a creator is chosen.
- Instead of hunting for castings in groups — you browse brand jobs and apply to the ones that fit your look and niche.
- Instead of negotiating across scattered emails — you agree the usage scope with the brand in the job chat before you start filming.
- Instead of worrying about payment — the budget is secured upfront, and the payout arrives after the content is accepted.
If you are just starting to work with brands, read how to become a UGC creator. A creator account is free — sign up as a creator and apply to your first job.
Frequently asked questions
Is consent needed to use someone's image in an ad in Poland?
Yes. Article 81 of the Polish Copyright Act requires the depicted person's permission to distribute their image. The exception is when they received agreed payment for posing and made no explicit reservation, so the scope of consent should always be written down.
What should an image consent include?
Good consent names the specific content, who may use it, the channels, the period, the territory and permitted changes such as retouching or editing. Any extension of that scope should require new consent and additional payment to the creator or actor.
Does payment for a shoot mean consent to any use of my image?
Under Article 81(1) of the Polish Copyright Act, permission is not required when agreed payment for posing was made, unless something was explicitly reserved. That is why actors and models should state the channels, period and territory they agree to.
Can a brand generate my likeness with AI based on an old consent?
A classic consent to use photos from a shoot does not describe creating an avatar or cloning a voice, so such use can be seen as outside its scope. It is safer to state explicitly whether AI is allowed, how far, and for what pay.
What can I do if my image was published without consent?
Secure evidence: dated screenshots, links and the contract. Then send a written demand to remove the content. Article 83 of the Polish Copyright Act lets you demand that the infringement stop, its effects be removed and, if culpable, compensation. Consult a lawyer in serious cases.
When can an image be distributed without consent?
Article 81(2) of the Polish Copyright Act allows it in two cases: a widely known person photographed in connection with their public functions, and a person who is merely a detail of a whole, such as an assembly, landscape or public event.
Can consent to use my image be withdrawn?
If a brand processes your image based on GDPR consent, you can withdraw it at any time without affecting earlier processing. In advertising the legal basis is often the contract itself, so it is best to spell out when use of your image ends.
Where can actors and models find advertising jobs from brands?
On Blogger Bank, creators, actors and models browse brand jobs and apply to the ones that fit. The contract with the brand is created automatically once you are chosen, scope is agreed in the job chat, and payout follows acceptance. The account is free.
