It's a tough issue, but I believe that there's a need for some sort of regulation.
Joe Rogan has mentioned a few times that people are using a deep fake of him to sell penis enhancement products.
Should that be ok?
What about character assassination stuff? Should I be able to make a damaging deep fake of a person I'm competing with for a position, post it to YouTube, and then arrange for a link to be sent to HR?
Should I be allowed to make a deep fake of a rival for a romantic interest, putting them in a compromising position?
I'm not sure what the solution is, and I'm not a fan of knee-jerk legislation - but in this case I understand the need for something.
I believe in self-ownership, protecting my rights to my own image and voice seems reasonable.
Of course, as always, the devil is in the details. As others have posted, this could end up being messy in court - how similar does an image need to be to be considered a copy? How do you develop objective standards for that?
Isn't there already legislation around this? Random people can't use Micky Mouse to sell penis enhancement products either. Seems like the same laws should apply for deepfakes.
Also, fabricating incrimination emails or writings is defamation. I assume making a damaging deep fake would also apply.
Well Mickey Mouse is trademarked. The earliest cartoons fall out of copyright next year, but Mickey Mouse himself will still be an identifiable mark of the Disney Corporation and therefore you can sue.
A deepfake is a recreation of the likeness of a person though, and you can’t trademark your likeness so the same laws wouldn’t apply. You would need different laws.
Oddly, no, as long as the product actually does what it is advertised to do, it is not false advertising.
Currently, it's a misappropriation of likeness issue, which is currently a state-level civil action in some but not all states. The point of the proposed law is to make stuff like this regulated by a single, federal law instead of a patchwork of state laws.
No, just as using a lookalike or (for radio ads) voice actor with a deliberately similar voice and phrasing wouldn’t, unless they actually claim it is Joe Rogan endorsing the product.
Bette Midler won a lawsuit over a soundalike in a Ford commercial. Ford first approached her to do the ad and when she turned them down, they hired an imitator.
Joe Rogan has mentioned a few times that people are using a deep fake of him to sell penis enhancement products.
Should that be ok?
What about character assassination stuff? Should I be able to make a damaging deep fake of a person I'm competing with for a position, post it to YouTube, and then arrange for a link to be sent to HR?
Should I be allowed to make a deep fake of a rival for a romantic interest, putting them in a compromising position?
I'm not sure what the solution is, and I'm not a fan of knee-jerk legislation - but in this case I understand the need for something.
I believe in self-ownership, protecting my rights to my own image and voice seems reasonable.
Of course, as always, the devil is in the details. As others have posted, this could end up being messy in court - how similar does an image need to be to be considered a copy? How do you develop objective standards for that?