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FallenJoe t1_j8o2g95 wrote

Reply to comment by hedgetank in They appeared in deepfake porn videos without their consent. Few laws protect them. by LiveStreamReports

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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