Legality depends on consent, content, and intent. In the United States, creating an AI-generated video is not inherently illegal; it becomes unlawful based on how it is used.
Non-consensual sexual or intimate deepfakes are clearly illegal. The federal TAKE IT DOWN Act, enacted in May 2025, makes publishing such content a federal offense and requires online platforms to remove it within 48 hours of a report. Most US states also have related laws.
An AI video can also enter illegal territory in the following cases: if it is used for fraud or impersonation, if it defames a person by showing them in a false light doing something harmful, or if it is used to mislead voters during an election, since many states now have specific regulations concerning political deepfakes.
By contrast, videos created by AI for satire, parody, art, or other clearly fictional purposes are generally protected, provided they don’t falsely present themselves as real or cause actual harm.
To sum up, the tool is not regulated; the video’s purpose, the consent obtained, and its impact determine whether it is legal.
Digital Marketer, SEO Enthusiast
Authored by Abu Talha, who founded Sembron.com and enjoys diving into the world of SEO, software, and AI technologies.