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hedgetank t1_j8ntlrw wrote

Can't the women being targeted, or anyone for that matter, simply file a copyright on their likeness, and then DMCA/sue any company that hosts infringing content?

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Movie_Monster t1_j8o3kd4 wrote

I’ll give you the long-winded “not a lawyer” answer, if you don’t like it, take it up with the fake bar association.

If you are making a living by your appearance like a celebrity, then you can sue for unauthorized use of your likeness. If you are a normal Joe Schmoe that’s not really an argument you can make.

I found this out when I was working for a university and we had a lawyer in our video production department. We used to make anyone on camera sign a waiver, the lawyer said it’s not necessary unless they were a minor, or some other circumstance that involved being mentally competent, or like aware of the video production.

But the lawyer was clear that if we filmed with a celebrity we had to get a waiver signed.

Now things are totally different if you are filming someone who is not aware of the camera in a space where you would expect privacy like a bathroom.

Anyone else in public is fair game as far as the law is concerned. While it’s creepy, you can definitely film anyone in public, I’ve heard protestors claim you can’t film their face or even young girls in public, same shit, no one has any authority to stop you from filming, the law is on your side.

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Petaris t1_j8oxtum wrote

This varies based on country though. Just so that people keep it in mind that the rules are different depending on where you are.

For example, in Japan you cannot take a picture, or video, of someone without their explicit permission.

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hawkwings t1_j8pxpym wrote

>in Japan you cannot take a picture, or video, of someone without their explicit permission.

That would interfere with vacation pictures. You would have to make sure that no one was in the way when you took a picture of a temple or beach.

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Petaris t1_j8q1bju wrote

Privacy is a big deal in Japan.

The laws are not quite as straight forward as what I mentioned but its the safe way to conduct yourself when taking pictures there. There are of course exceptions and qualifications for what is and is not allowed and some of it is based around how the image may be used.

If you don't believe me you can go look it up for yourself. There is a lot of info out there about it.

That being said, I doubt that a random passerby is going to make a fuss if they end up in your vacation photo by accident.

If however you are taking vacation photos of them specifically, like Geisha on a picturesque street in Kyoto for example, you very likely will be in trouble and have the police called on you.

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railgunsix t1_j8r4ngr wrote

I have Japan exported iPhone. You can't disable camera shutter sound. I also have Korea exported Samsung although they allow it to be on mute.

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LandoChronus t1_j8q765d wrote

Your post didn't touch on the case (or I didn't understand fully) where the person/party recording will use that recording for profit. I think of like "candid camera" type shows.

Even though they don't need permission to film the random public, do they need permission if they're then going to profit off the footage? Is this why everyone around the "mark" they're messing with has their face blurred, or is that just a CYA thing?

This would be different than just filming someone for a project or whatever that won't be used in a commercial setting.

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GregoPDX t1_j8qcczq wrote

At least for US productions, all candid camera shows where the person isn’t just in the background, they signed a waiver. Any of the radio shows where they call someone clandestinely are just actors - I don’t think there’s any legal way to do it otherwise.

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FallenJoe t1_j8o2g95 wrote

No, copywrite doesn't work that way.

Copywrite protects the product of creative works. If you didn't make something, you don't have a copywrite to it. If someone makes a knockoff Pokemon game using Pokemon characters they get sued for using a creative work under copywrite without permissions.

So the person being deepfaked can't sue for copywrite infringement, the only person who could arguably do so would be the photographer who took the video or image used in the deepfake generation. The person getting photographed only owns the copywrite for the image if the copywrite had been explicitly transferred or sold to them by the person who previously owned it (by default the creator of the creative work).

There are other laws that might be applicable for the situation, but they're not copywrite laws.

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nicuramar t1_j8p6buc wrote

It’s copyright. As in, the right to (control) copies.

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FallenJoe t1_j8pbot6 wrote

Again, no, it doesn't work that way. You don't have any sort of general copyright to your personal appearance, and so someone creating a deepfake of you isn't violating copyright unless (and this is a maybe because it hasn't been litigated) they used material that did have a valid copyright in the generation of the deepfake. And then they would be violating the copyright of the person that holds the rights to the initial material, not necessarily the person being deepfaked.https://www.upcounsel.com/can-i-trademark-my-face

Copyright isn't a magic wand you can wave around just go "Oh it's a deepfake of me so I'll sue them for copyright." You have to meet very specific standards to have a copyright and other for it to be infringed.https://www.copyright.gov/comp3/chap300/ch300-copyrightable-authorship.pdf

For example:Works created unknowingly can't receive a copyright: https://www.youtube.com/watch?v=dJX_83mswFA

Pictures taken by nonhuman actors can't receive copyright: https://en.wikipedia.org/wiki/Monkey_selfie_copyright_dispute

AI generated art currently isn't eligible for copywrite (this may change): https://www.intellectualproperty.law/2022/05/copyright-office-denies-registration-of-computer-generated-art/

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