Fake videos of real people -- and how to spot them | Supasorn SuwajanakornIt’s often the case the technology accelerates faster than our ability to govern it. Unfortunately, people will be unwillingly appropriated into deepfakes. What recourse do you have? R. Lynch is a privacy lawyer knowledge in social media law. Deepfakers need to know:
“...the victims of a deep fake have a number of legal causes of action. In terms of intellectual property rights, there could be a claim if the victim owns a copyright in the image/video. Typically, the photographer would own the copyright. Equally, if the image was used to sell a product, this could constitute ‘passing off’.
“Also, if the photos or video used have been hacked or are intimate, this could constitute theft and misuse of private information. Another legal option could be defamation, if right-thinking members of society think less of a person as a result of the deep fake (for example, if they think it is real or officially sanctioned).
“Finally, harassment and malicious online communication laws may also come into play, and these can lead to criminal prosecution. The impact could be widespread if the deep fake goes viral, and damages for defamation in the US can be substantial, sometimes in the millions of dollars. Therefore, those who are considering creating a deep fake, especially of a prominent person, should exercise extreme caution. If you are a high-profile victim, you should contact your lawyer as soon as possible in order to stem the damage.”
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