This genie is probably impossible to get back in the bottle.
People are going to just direct the imitative so called AI program to make the face just different enough to have plausible deniability that it’s a fake of this person or that person. Or use existing tech to age them to 18+ (or 30+ or whatever). Or darken or lighten their skin or change their eye or hair color. Or add tattoos or piercings or scars…
I’m not saying we should be happy about it, but it is here and I don’t think it’s going anywhere. Like, if you tell your so called AI to give you a completely fictional nude image or animation of someone that looks similar to Taylor Swift but isn’t Taylor Swift, what’s the privacy (or other) violation, exactly?
Does Taylor Swift own every likeness that looks somewhat like hers?
It’s also not a new thing. It’s just suddenly much easier for the layman to do. Previously, you needed some really good photoshop skills to pull it off. But you could make fake nudes if you really wanted to, and were willing to put in the time and effort.
If the prompt includes “Taylor swift” or an image of her. Then it doesn’t matter if the AI slightly changed it, it used her likeness to generate the image and so she should have rights to the image and the ability to claim damages.
The same thing should apply to using deepfake porn AIs to make non consensual nudes of private person, or heck manually creating nonconsensual deepfake nudes should also fall under the same definition
I believe that your statements are only true for public figures. I’m pretty sure non-public figures retain the right to photos of themselves (unless they aren’t the main subject in the photograph).
Sorry my bad, I was speaking to pictures taken in a public setting, but didn’t clarify. When you get headshots done you are giving the photographer the rights.
Taking photos and the right for commercial use of the photos are two different things. The reason why film crews/photographers generally ask for people to sign releases is because it’s not clear cut. While the US is generally more forgiving, it’s not a guarantee.
This genie is probably impossible to get back in the bottle.
People are going to just direct the imitative so called AI program to make the face just different enough to have plausible deniability that it’s a fake of this person or that person. Or use existing tech to age them to 18+ (or 30+ or whatever). Or darken or lighten their skin or change their eye or hair color. Or add tattoos or piercings or scars…
I’m not saying we should be happy about it, but it is here and I don’t think it’s going anywhere. Like, if you tell your so called AI to give you a completely fictional nude image or animation of someone that looks similar to Taylor Swift but isn’t Taylor Swift, what’s the privacy (or other) violation, exactly?
Does Taylor Swift own every likeness that looks somewhat like hers?
It’s also not a new thing. It’s just suddenly much easier for the layman to do. Previously, you needed some really good photoshop skills to pull it off. But you could make fake nudes if you really wanted to, and were willing to put in the time and effort.
This does give prosecutors a new angle though. So it’s not for nothing.
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If the prompt includes “Taylor swift” or an image of her. Then it doesn’t matter if the AI slightly changed it, it used her likeness to generate the image and so she should have rights to the image and the ability to claim damages.
The same thing should apply to using deepfake porn AIs to make non consensual nudes of private person, or heck manually creating nonconsensual deepfake nudes should also fall under the same definition
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I believe that your statements are only true for public figures. I’m pretty sure non-public figures retain the right to photos of themselves (unless they aren’t the main subject in the photograph).
Stackexchange conversation about this.
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Sorry my bad, I was speaking to pictures taken in a public setting, but didn’t clarify. When you get headshots done you are giving the photographer the rights.
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Taking photos and the right for commercial use of the photos are two different things. The reason why film crews/photographers generally ask for people to sign releases is because it’s not clear cut. While the US is generally more forgiving, it’s not a guarantee.
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