Generative artificial intelligence is dynamically revolutionizing the ways we develop new audio and video content for marketing initiatives and advertising campaigns. For those in-house counsel tasked with reviewing and approving these initiatives, understanding the potential legal risks, and assessing those risks efficiently, is increasingly becoming a business imperative. One of those new areas involves "deep fake" marketing.

By "deep fake," we refer to a combination of "deep learning" and replicating technology that leverages machine learning algorithms to create realistic—but "fake"—video and audio content of both actual or synthetic individuals. Two forms make up the bulk of the deep fake use cases: deep faces and deep voices. Deep faces replaces the faces of real people with virtual faces, or even creates an entirely synthetic face. Deep voices alters or mimics voices to make a real person appear to have said something they did not say. Thanks to the continuous evolution of AI-powered deep fake technology, we now have more sophisticated and convincing results that can be obtained in a matter of minutes for minimal cost.