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[Guest post] Deepfake it till you make it: How does AI relate to postmortem personality rights?

The IPKat

The IPKat has received and is pleased to host the following contribution by Danish Katfriends Jakob Plesner Mathiasen and Thit Nymand Nisbeth (both Gorrissen Federspiel) on the interplay between AI, deepfakes, and personality rights in the form of image/publicity rights. The lights dim, and the film rolls. Think again.

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Advent of AI Voice Generation and Threat to Personality Rights

IP and Legal Filings

The development of Artificial Intelligence, from being able to create edited photos to now generating deepfake videos that cannot be distinguished from real videos, has created an imminent threat to intellectual property rights and personality rights specifically. and includes both commercial and non-commercial aspects.

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Personality Rights – Is it enough to protect us from AI?

Selvam & Selvam Blog

Considering the same, the Courts have started providing remedies under the scope of personality rights wherein protection is granted against the unauthorized use of names, images, voice, likeness, dialogues or traits of popular celebrities.

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Media Laws, Rights & Privacy Of Celebrities

IP and Legal Filings

Furthermore, the Information Technology Act of 2000 makes it a crime to copy or transfer data from another person’s device without their permission. In light of the growing number of endorsement deals involving famous people, the government has now imposed a penalty on the endorser for promoting misleading advertisements.

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SpicyIP Weekly Review (September 25- October 1)

SpicyIP

Image Rights Alright—But Can They Trump Established Rights and Doctrines? Image from here The Delhi High Court’s recent interim injunction concerning Anil Kapoor’s personality rights throws up an important question- should such orders protecting personality rights overlook the established principles and doctrines?