Photo: Larry Costales

Whose face is it anyway?

A look at the rights around AI-generated faces and people

https://rm.coe.int/iris-special-2-2020en-artificial-intelligence-in-the-audiovisual-secto/1680a11e0b
https://rm.coe.int/iris-special-2-2020en-artificial-intelligence-in-the-audiovisual-secto/1680a11e0b

“A dimly-lit nightclub, in which the laws concerning intellectual property rights, branding and advertising, reputation management, freedom of speech, emotional distress and consumer protection all dance together, but not necessarily in harmony,” Kelsey Farish

WHAT EXISTING LEGAL PRINCIPLES MIGHT APPLY?

ANGLE 1: Publicity as (intellectual) property

ANGLE 2: Publicity and brand recognition

Topshop’s offending Rhianna T-shirt

ANGLE 3: Privacy protections

ANGLE 4: Dignity and the neighbouring rights

Band Hero were successfully sued for using No Doubt’s look

In summary

HOW DO DIFFERENT REGIONS HANDLE THIS ISSUE?

GERMANY — stronger protection

Marlene Dietrich said, “When you’re dead, you’re dead. That’s it.” But apparently, not according to the German courts

FRANCE — stronger protection

SWEDEN — weaker protection

GUERNSEY — stronger protection

UNITED KINGDOM — weaker protection

Peter Sellers as Inspector Clouseau

CALIFORNIA — stronger protection

The Fred Astaire Celebrity Image Protection Act applies for 70 years after death

Consultant, advising AI-powered businesses and those who want to use the power of AI — particularly in the creative industries https://bit.ly/MatthewKershaw