Submitted 1 year ago by RedditEnjoyer@lemmy.world to technology@lemmy.world
https://reason.com/2024/01/17/ai-fraud-act-could-outlaw-parodies-political-cartoons-and-more/
Reads like it would be unconstitutional (freedom of speech and expression) while not even being a speed bump in the road for thieves looking to profit from stealing the work and likenesses of others. Especially if those thieves live outside of US jurisdiction.
So basically it’s the wrong idea and will punish the wrong people. Sounds like our corporate-owned lawmakers alright.
Especially if those thieves live outside of US jurisdiction.
If they're in a jurisdiction that doesn't define what they're doing as "thievery", are they thieves? That's kind of a problem if go down that path, there are plenty of jurisdictions that criminalize things that people inside the US do freely.
Frankly, people should be entitled to own their likenesses. I’m not a lawyer, but it seems like the examples they mention in the article; - parody, public figures, film rights, etc. - are already pretty well carved out in the courts.
I can’t just make a biopic about Michael Jackson… I would need rights to the footage and permission from his estate.
I can’t use a photo of Tom Hanks to promote a film he isn’t i, even if I took the photo (and therefore own it). If I don’t sign the release, they have to blur my face in a documentary.
Celebrities already have certain established rights to the use of their likeness, and in this day and age those rights should really extend to everyone.
That’s actually a pretty compelling argument.
Parody is an exception. That’s just my point. These legalities already exist. Nixon is also a public figure so his public life is fair game.
it seems like the examples they mention in the article; - parody, public figures, film rights, etc. - are already pretty well carved out in the courts.
I can’t just make a biopic about Michael Jackson
Is Michael Jackson not a public figure?
There is such a thing as life rights. According to this firm, they act as a protection against lawsuits related to publicity rights, invasion of privacy, and defamation.
So, a documentarian could report on the public aspects of Michael Jackson’s life, but if I wanted to discuss or speculate about his private life, I would need rights from his estate.
There are lots of exceptions, such as public interest, etc. But again, I’m not a lawyer. (Is there a legal lemmy presence?)
Frankly, people should be entitled to own their likenesses.
Why? What does society gain right now from having celebrity endorsement, for example?
Celebrities already have certain established rights to the use of their likeness, and in this day and age those rights should really extend to everyone.
The reason that no one pays you the big bucks for an endorsement isn’t that you don’t have the same rights. You know that.
The law, in its majestic equality, forbids rich and poor alike to sleep under bridges, to beg in the streets, and to steal their bread.
Currently, these rights result from protections against defamation or fraud. This bill would turn one’s likeness into intellectual property that can be bought and sold. It would guarantee the rich and famous an extra income stream without extra labor. Anyone down on their luck, who sells their likeness to make ends meet, would actually end up with fewer rights.
News media and maybe social media would probably be asked to pay up pretty quickly. This would likely remove some of the privileges allowing them to report gossip.
Other than that, it is likely to provide an additional tool for use against “piracy”. Sharing movies and music is not just sharing copyrighted stuff, but also sharing someone’s voices and likenesses.
Interestingly, this would also effectively prevent out-of-copyright film and audio to become public domain, since the likeness rights only expire when it can be proven that they were not used commercially for 2 years.
AI use for defamatory purposes, such as deepfake porn mentioned in another post here, applies whether one is a a massive celebrity or a regular person. As the technology becomes more common, don’t you think there will be people using it on their school and work colleagues and neighbors, for a variety of petty reasons?
You talk about how horrible it would be for people to sell their likeness, without considering that without such laws and protections they can just have their likeness taken with no consent or compensation.
I am seeing a lot of grandstanding of how these laws are just the powerful taking rights away from the common man, but it seems to be exclusively from the angle of how that affects the AI user, not the regular people whose likenesses might get used by AI.
To be fair here’s good reason to be careful over how this matter is legislated, as media companies love to use any excuse for overreach. But the solution is not leaving the internet a wild west of people smearing each other by faking videos.
Consider that the advent of the camera created a need for many laws, because before then even the most realistic image was known to be fabricated rather than a replica of reality. Now AI and other new media technologies are creating possibilities which we never had before, for which our previous laws are insufficient.
Why is every proposed US law I hear about some kind of acronym?
It’s a gimmick to give the law a recognizable name, usually related to the content of the law itself. It’s caught on here and just kinda stuck.
I can see the value of it but it’s also kitchy and annoying :P
Because we are a sick people addicted to advertising in all sectors of our lives.
marketing
It’s even better when they give it a name that isn’t related to the bill, like the Inflation Reduction Act, which will not reduce inflation at all
Statistically-generated stuff of anyone should be considered defamation, but stuff like this is worse than “AI” tools running rampant.
Wouldn’t normal fraud laws apply quite well. I’m not sure AI materially changes that kind of thing. Perhaps the scale of it? You could easily rack up 1000 charges an hour. I think a couple millennia of consecutive prison sentences is enough.
Depicting someone is not at all illegal.
Fraud would only be if you were using the likeness under false pretenses (such as claiming that it is the real person) to cause another person to act to their detriment in some way.
Depicting someone isn’t a problem. The only harm comes from actual fraud. Tying to pass a fake as real.
Nobody will think George Carlin made a new special for Youtube. The video in fact explains how that’s not the case. It’ll be very hard to show any actual harm caused by it, beyond some morbid bad taste.
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to outlaw AI fraud parody cartoons etc, not all parody cartoons etc RIGHT?
RIGHT?
Not that I support either but, if corporations get free speech, why wouldn’t AI?
Says people who always wanted the aforementioned things outlawed…
FaceDeer@kbin.social 1 year ago
The AI witch hunt is kicking into high gear. This law explicitly allows burning people that had nothing to do with AI witchcraft in the first place.