nicuramar t1_j8p6buc wrote
Reply to comment by FallenJoe in They appeared in deepfake porn videos without their consent. Few laws protect them. by LiveStreamReports
It’s copyright. As in, the right to (control) copies.
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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