Chapter 4: Legal / Likeness / Consent Considerations

Created by Sarah Choi (prompt writer using ChatGPT)

Legal, Likeness & Consent for Character Concept Artists — Directing Capture and Integrating Scans (Scans, MoCap & Photogrammetry)

Disclaimer: This article is for educational purposes for concept artists collaborating on capture‑based pipelines. It is not legal advice. Laws vary by jurisdiction (e.g., rights of publicity, privacy, biometric and data‑protection laws). Always confirm with your studio’s legal counsel and production management.

Why legal and consent planning belongs in concept

Capture is not just a technical step—it is an agreement with a person. As soon as your art direction implies using a real performer’s face, body, voice, or movement, you enter a legal and ethical zone involving rights of publicity, copyright and moral rights, privacy/biometric protections, union rules, and data governance. Designing with consent in mind avoids reshoots, prevents reputational harm, and keeps your project shippable across regions with different laws.

Core concepts you’ll touch as an artist

Right of publicity / likeness rights. Individuals control commercial use of their name, image, and likeness (NIL), including photogrammetry models, facial scans, voiceprints, and signature motions.

Copyright & moral rights. Tattoos, wardrobe prints, logos, and bespoke jewelry can be copyrighted. In some regions, creators retain moral rights (attribution, integrity) that limit alterations.

Privacy & biometric laws. Face, iris, gait, voice, and body scans can be “biometric identifiers.” Regions such as the EU (GDPR), California (CCPA/CPRA), Illinois (BIPA), and others regulate collection, storage, and use. Obtain explicit, informed consent and document retention policies.

Union & employment. Union performers (e.g., SAG‑AFTRA, Equity) follow contracts governing reuse, AI/ML training, working conditions, credits, and compensation tiers. Internal staff scans also require consent and may trigger employment policy considerations.

Informed consent: what “informed” actually means

Consent is not a checkbox. It must be specific, informed, unambiguous, and revocable where law provides. As a collaborating artist, ensure:

  1. Purpose clarity. Why are we capturing (gameplay, cinematics, marketing, R&D)? Will scans be used for body doubles, NPCs, crowd systems, or training ML models? State this plainly.
  2. Scope & duration. Where will likeness appear (platforms/regions), for how long (project only, sequels, franchise), and can it be reused in future titles or patches?
  3. Derivative uses. Will we stylize, age‑up/down, creature‑ize, or otherwise transform the face/body? Are composites with other performers allowed? Spell out limits.
  4. Data handling. What is collected (raw photos, meshes, textures, MoCap, audio), where it is stored, who can access it, retention/deletion timelines, and security standards.
  5. Revocation & changes. How can the performer withdraw or modify consent (subject to contract), and what happens to already‑shipped content?
  6. Compensation & credits. Rates, residuals/bonuses, reuse fees, and how credits will appear in‑game and marketing.

Your role before capture: art packets that respect consent

Avoid implying real‑person likeness without permission. Do not “reference‑trace” a celebrity, influencer, colleague, or contractor in concept frames unless you have written permission and scope defined.

Design capture variants with dignity. Base layers, modesty garments, makeup/hair notes, and photography angles should respect bodily privacy. Include private changing procedures, “closed set” notes for sensitive capture, and alternative workflows for performers with cultural or religious modesty requirements.

Flag potentially sensitive content. Scars, medical devices, birthmarks, tattoos with personal meaning, and culturally significant adornment need explicit discussion. Plan cover/blur strategies for reference photography in your packet.

On‑set ethics and power dynamics

Clear introductions & briefings. Ensure the performer knows the day’s plan, what will be captured, when HMCs and body scans start/stop, and where witness cams point.

“Red card” consent. Agree on an immediate stop signal. Normalize breaks and opt‑outs for specific poses or expressions (e.g., fear/scream, trauma‑coded actions).

Sensitive scenes. If capture involves nudity simulations, injuries, restraints, or culturally loaded gestures, request an intimacy/cultural coordinator. As the artist, you can and should advocate for this support.

Likeness boundaries: reference, homage, and “too close”

Composite safely. If you kitbash features from multiple references, ensure the end result is not reasonably identifiable as a single real person. Avoid distinctive features (unique scars, moles, dental spacing) without permission.

Age and vulnerable groups. Extra rules apply to minors and dependent adults. If your character reads as a minor, capture and portrayal standards tighten; design away from ambiguous cues unless the narrative truly requires it and legal has cleared it.

Tattoos, logos, brands, and cultural IP

Tattoos. Many tattoos are original artworks; scanning and reproducing them can require permission from both the wearer and the tattoo artist. Provide alternate designs or genericized “scan‑day covers.”

Logos & marks. Branded apparel/gear in scans can pull trademarks into your textures. Plan unbranded capture variants and swap to licensed or in‑house marks in look‑dev.

Cultural property. Some motifs and regalia are protected or sacred. Engage cultural consultants; avoid tokenizing. Track provenance and permissions in your art packet.

Data governance: what to capture, keep, and delete

Minimize & segregate. Capture only what you need. Store PII/biometric data separately from working assets, with strict access control.

Retention timelines. Align with consent forms: how long raw photos, raw scans, and solved data persist. Plan deletion or archival anonymization after project end.

Watermarks & audits. Watermark raw turntables; keep audit logs for access. Embed non‑public metadata noting consent scope and expiration.

AI/ML usage: training, synthesis, and deepfakes

Training consent is distinct. Using likeness data to train facial rigs, recognition systems, or synthesis models typically requires separate, explicit consent. Don’t assume capture consent equals training consent.

Synthetic voices/faces. If you intend to synthesize voice or generate new speech/expressions beyond captured performance, disclose limits, review/approval rights, and labeling obligations in‑game (e.g., credit notes).

Guardrails. Design internal “no‑go” zones (political endorsements, adult content, sensitive social topics) unless explicitly authorized.

Integration notes: protecting intent without overreach

Scan cleanup boundaries. In your paintovers, avoid inventing anatomy that materially changes the performer’s identity unless the contract allows and the performer has signed off (e.g., slimming a nose, altering eye slant). Document every identity‑altering change for approval.

Stylization transparency. If the game requires non‑photoreal stylization, show side‑by‑side “performer vs. character” with callouts of deliberate changes (eye size, jawline, skin texture) and keep approvals in the chain.

Union and working‑conditions touchpoints

Breaks, heat, and weight. Your wardrobe and prop choices affect safety. Heavy headgear, tight compression, or restrictive masks can violate working‑condition standards. Provide lighter capture proxies and schedule cool‑off breaks.

Reuse & residuals. If the same performance or likeness is repurposed for marketing, DLC, or sequels, confirm that compensation terms cover it. Note potential reuse in your concept rationale so production budgets for it.

Region‑to‑region shipping considerations

Face privacy hotspots. Some regions limit export of biometric data. Keep a “clean export” asset pipeline that excludes raw faces and retains only derived, non‑reversible data when shipping tools or mod kits.

Child data. If your title includes child characters built from adult performer scans with stylization, maintain a paper trail proving no child biometrics were captured.

Accessibility and dignity in portrayal

Representation with care. Avoid tropey expressions tied to marginalized groups (e.g., “sneer default” for villains coded by ethnicity). Use sensitivity readers and align expressions with character agency rather than stereotype.

Comfort & consent in facial capture. Cosmetics, adhesives, and fiducials can irritate sensitive skin. Offer hypoallergenic options and alternatives (markerless solve) where feasible.

Practical checklists for artists

Pre‑capture artist packet

  • Character brief with consent‑aware capture plan (what, why, how long, where)
  • Hair/makeup/wardrobe capture variants that preserve modesty and safety
  • List of potentially copyrighted elements (tattoos/logos/patterns) with status (licensed/replaced/to‑design)
  • Cultural/linguistic sensitivities and consultant contacts
  • Data governance notes (what gets saved, for how long)

On‑set artist duties

  • Confirm performer has seen and signed correct consent forms and understands the plan
  • Ensure closed‑set protocols for sensitive scans; advocate for breaks
  • Document any capture‑day deviations (matte sprays, pinned drape, proxy gear)

Post‑capture integration

  • Paintover with identity‑altering changes clearly labeled for approval
  • Keep “scan albedo” vs “grade” separate; preserve ground‑truth versions
  • Update asset metadata with consent scope, reuse permissions, and expiry

Documentation & naming hygiene

Adopt filenames and layer groups that reveal consent scope: CHAR_ActorID_SCOPE(GameOnly)_REG(EU+US)_EXP(2029)_v03.psd. Maintain a small “Rights Binder” per character containing executed releases, license receipts for tattoos/logos, consultant notes, and region shipping flags. This binder prevents last‑minute legal scrambles.

Red flags and how to de‑risk early

  • A concept uses a celebrity look without a license → Pivot immediately; design away or license likeness.
  • A scan captures detailed tattoos with unknown provenance → Cover/replace and seek permissions.
  • Team plans to use face data to train an internal model but releases mention only “game use” → Amend releases before any training.
  • Performer requests deletion of raw data → Escalate to legal and confirm retention/deletion path; do not copy data to personal drives.

Final thought

As a concept artist, you shape not only how a character looks but how a performer is represented and protected. When you design with consent, likeness rights, and data care in mind—and document these choices—you make capture solvable, integration ethical, and shipping defensible across jurisdictions. Build consent into the art from day one, and you’ll keep the creative door open while safeguarding the people who bring your characters to life.