Can I face swap for a video I shot where an individual doesn&#39;t consent to using their likeness?
<p>Say I'm shooting some video of an interview, and one of the people in frame claim that they do not consent to the use of their likeness in any film or derivative (or some similar phrasing). Can I face swap their face with an animated gender-neutral face (with a purple skin color or something) to capture their natural facial reactions to questions, etc. Of course, I'd have to distort their voice too.</p>

<p>The whole idea here, if it's not obvious, is that I want the facial expressions in relations to questions, etc., while also preserving the non-consenter's right to privacy.</p>

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<p>Update: This is what I'm talking about:</p>

<p><a href="https://images.apple.com/media/us/iphone-x/2017/01df5b43-28e4-4848-bf20-490c34a926a7/overview/primary/truedepth_animoji/large.mp4" rel="nofollow noreferrer">https://images.apple.com/media/us/iphone-x/2017/01df5b43-28e4-4848-bf20-490c34a926a7/overview/primary/truedepth_animoji/large.mp4</a></p>

<p>Since California is an all-party consent state, you need the consent of the interviewee to record him. You can openly record so that they know you are doing so, in which case consent is implicit. (Also, if there is no reasonable expectation of privacy, but I don't see how that could apply to an interview). If they insist on you using some kind of face-altering technology, then that's what you have to do (i.e. if their consent is conditional, you have to satisfy that condition). No amount of voice-alteration or face-distorting overcomes the requirement for consent. So it is legal to distort the face and voice, and may be required in order to obtain consent.</p>

united-states california privacy photography consent