AI Video Creation Legal Considerations for US Creators (2026)

The central legal question: who owns a video created by AI? In the US, copyright law is still adapting to this question.

Current US copyright position: The US Copyright Office has stated that purely AI-generated content without meaningful human creative input cannot receive copyright protection. However, content where a human provides substantial creative direction (selecting topics, editing scripts, choosing visual styles, making creative decisions) likely does qualify for copyright protection.

Practical implications: If you use FluxNote to generate a video from a topic prompt and then review, edit, and customize the output, you have made sufficient creative choices to claim ownership. If you generate a video with zero human review or modification, the copyright status is less clear.

What this means for creators: Always add human creative input. Review scripts, select specific voices and styles, choose thumbnails, and make editorial decisions. These human contributions strengthen your ownership claim.

Stock footage licensing: AI video tools use licensed stock footage. FluxNote and similar tools include commercial licenses for the stock footage used in generated videos. Your videos can be monetized commercially. Check your tool's terms of service for specific licensing details.

Music licensing: Background music in AI-generated videos is sourced from royalty-free libraries. The tool's license typically covers commercial use on social media and streaming platforms. You generally cannot use the music independently outside the generated video.

The Federal Trade Commission regulates advertising disclosures for all US creators, including those using AI tools.

Affiliate link disclosure: If your AI-generated video includes product recommendations with affiliate links, you must disclose the financial relationship. The FTC requires disclosure that is 'clear and conspicuous.' Include disclosure both in the video (verbally or via text overlay) and in the description.

Sponsored content: If a brand pays you to create content about their product using AI tools, the sponsorship must be disclosed regardless of how the video was produced. #ad or #sponsored in the first line of the description, plus verbal disclosure in the video.

AI disclosure for endorsements: If your AI-generated video features a product endorsement, the FTC considers this an endorsement even though no human is personally endorsing the product. Ensure any product claims are truthful and substantiated.

Native advertising: AI-generated videos that look like organic content but are actually paid promotions must be clearly labeled as advertising. The production method (AI) does not exempt you from advertising disclosure rules.

Practical compliance approach: Create a standard description template that includes affiliate disclosure and a general disclaimer. Use this for every video. It takes 30 seconds to set up and protects you from FTC enforcement.

Each platform has its own policies regarding AI-generated content:

YouTube: Requires creators to disclose when content is AI-generated and could be mistaken for real footage of real people or events (realistic deepfakes). Standard AI-generated videos using stock footage, AI voice, and subtitles do not require disclosure. YouTube does not penalize or suppress AI-assisted content. The key requirement: do not mislead viewers about the reality of what they are watching.

TikTok: Requires labeling of AI-generated content that depicts realistic scenes. Prohibits AI-generated content that could mislead viewers about real events. Standard faceless content with stock footage and AI voice is not subject to special labeling requirements.

Instagram and Facebook (Meta): Similar to YouTube's approach. Require disclosure for realistic AI-generated imagery that could mislead. Standard AI-assisted content production is not subject to special disclosure.

All platforms: Prohibit using AI to create non-consensual deepfakes of real people, generate misleading content about elections or public health, impersonate real individuals, or create content that violates their existing community guidelines regardless of production method.

The common thread: Platform policies focus on preventing deception, not penalizing AI-assisted production. If your AI-generated content is honest, original in topic selection, and follows existing guidelines, you are fine on every major platform.

AI legislation is evolving rapidly in the US. Here is the current landscape relevant to video creators:

Federal level: No comprehensive federal AI regulation exists yet. Several bills have been proposed addressing deepfakes, AI transparency, and AI-generated content labeling. The most likely near-term federal action focuses on deepfake prohibition and election-related AI content.

State level: Multiple states have enacted or proposed AI-related legislation. California, Texas, and New York have been most active. Key areas include deepfake laws (prohibiting non-consensual AI-generated likenesses), disclosure requirements for political AI content, and right of publicity protections (preventing AI from using someone's voice or likeness without permission).

Right of publicity: US state laws protect individuals' likeness and voice from unauthorized commercial use. This means you cannot use AI to clone a celebrity's voice for your videos without permission. AI voice tools that offer original synthetic voices (not clones of real people) do not have this issue.

Deepfake legislation: Several states have criminalized the creation and distribution of non-consensual deepfakes. As an AI video creator using stock footage and synthetic voices, this likely does not affect you. But if you use AI to create realistic portrayals of real people, you may face legal liability.

Practical advice: Use original AI voices (not voice clones of real people), do not create realistic depictions of identifiable real people without consent, disclose AI involvement when platform policies require it, and stay informed as laws evolve. The legal landscape will change, and staying compliant is easier than dealing with enforcement after the fact.