Stock Avatar Paid Advertising Consent Requirement

What it is

Users are prohibited from using Stock Avatars in paid, promoted, or boosted social media advertising without written consent from Synthesia; Custom Avatar use in such advertising requires consent from the depicted individual.

Why it matters (compliance & governance perspective)

This provision establishes a consent-gated permission structure for commercial advertising use of avatar content, requiring affirmative written authorization from Synthesia for Stock Avatars and individual consent for Custom Avatars before paid distribution.

Consumer impact (what this means for users)

Under this clause, business users running paid social media campaigns must obtain written consent from Synthesia prior to incorporating Stock Avatars, adding a contractual authorization step to advertising production workflows. Custom Avatar use in paid advertising requires separate consent from the individual depicted.

Institutional analysis (regulatory & governance intelligence)

REGULATORY LANDSCAPE: This provision engages right-of-publicity laws applicable in various US states, including California Civil Code Section 3344, which requires consent for commercial use of a person's likeness. In the EU and UK, use of identifiable likenesses in commercial contexts may engage GDPR and UK GDPR where the avatar is linked to a natural person. The FTC's guidelines on endorsements and testimonials may also be relevant where avatar-based advertising implies personal endorsement. GOVERNANCE EXPOSURE: Medium. The provision creates a contractual precondition for a common advertising use case; failure to obtain written consent constitutes a policy violation that may trigger account suspension or termination under the AUP's enforcement provisions. The distinction between Stock and Custom Avatar consent pathways requires internal workflow controls to ensure the correct authorization is obtained before campaign launch. JURISDICTION FLAGS: California's right-of-publicity statute creates heightened exposure for US-based advertisers using Stock Avatars without consent. EU and UK advertisers should assess whether the depicted avatar's likeness is linked to an identifiable natural person under GDPR, which would impose additional processing obligations. Illinois BIPA may be implicated where avatar creation involves biometric data. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams negotiating enterprise agreements with Synthesia should seek clarity on the written consent process for Stock Avatar advertising use, including response timelines and any conditions Synthesia may impose. The provision shifts liability for unauthorized advertising use to the customer, which should be reflected in internal creative production approval workflows. COMPLIANCE CONSIDERATIONS: Marketing and legal teams should implement a pre-campaign checklist requiring documented consent verification before any Synthesia avatar is incorporated into paid social media content. Contract review should confirm whether enterprise agreements include standing consent for certain advertising uses or whether per-campaign authorization is required.

Applicable agencies

Provision details

Other risks in this policy

• Business Use Only Requirement medium
• Internal Training and Testing Exemption medium
• Adult Entertainment Promotion Prohibition high
• AI Model Training Data Scraping Prohibition high
• Competitive Product Building Prohibition high
• Exploitation or Harm of Minors Prohibition high