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dch82 @lemmy.zip

7mo ago

Senators propose “Digital replication right” for likeness, extending 70 years after death

arstechnica.com Senators propose “Digital replication right” for likeness, extending 70 years after death

Law would hold US individuals and firms liable for ripping off a person's digital likeness.

Senators propose “Digital replication right” for likeness, extending 70 years after death

cross-posted from: https://lemmy.zip/post/20181716

Law would hold US individuals and firms liable for ripping off a person's digital likeness.

Technology @lemmy.zip

BrikoX @lemmy.zip

7mo ago

Senators propose “Digital replication right” for likeness, extending 70 years after death

arstechnica.com /information-technology/2024/08/senates-no-fakes-act-hopes-to-make-unauthorized-digital-replicas-illegal/

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42 comments

The bill has also been endorsed by entertainment companies such as The Walt Disney Company, Warner Music Group, Universal Music Group, Sony Music, the Independent Film & Television Alliance, William Morris Endeavor, Creative Arts Agency, the Authors Guild, and Vermillio.
I don't think something being pushed by Sony music, universal music and Disney is going to be good for the consumer.:
DIGITAL REPLICA.-The term "digital replica" means a newly created, computer-generated, highly realistic electronic representation that is readily identifiable as the voice or visual likeness of an individual
There's a reason why we can't copyright a voice. I can't wait for YouTube to delist all my videos because the algorithms decided I sound too much like Ben Affleck.
There's essentially 3 companies that own all our music. This bill is their attempt at making sure they are the only ones that can offer music generation services.
- Yeah if those companies back it then I'm suspicious by default. Based on their previous actions they could come out and say murdering babies is wrong and I'd start wondering if murdering babies maybe should be legal.
- My bet on why they are endorsing it: if they get an actor to sign something for Disney to use their image while they are alive, then they can hold onto that exclusive right to the image for 70 years after the actor dies.
  
  But for the near term, maybe it means they have to stop putting Carrie Fisher in stuff?

This is so that famous people and their heirs can get more free money.
The only thing this does for ordinary people is make them poorer.
- I don't see how this makes ordinary people poorer. Were you making money off of other people's likeness?
  
  While there's almost infinite potential human faces, all human faces look somewhat alike, because, they're human faces. My thesis is basically that if you draw or 3d model a human, chances are that there's at least one famous person who looks similar enough for lawsuit even if you didn't know they existed beforehand, making you liable to get sued if you try to monetize your artwork. So, basically, if this were to pass, artists would no longer be allowed to publish/monetize art that depicts humans, even if their art is completely original.
  Also, did you know that the NFT marketplace Open Sea used to ignore DMCA takedown requests? They assumed that the artists whose art they hosted would not be able to afford a lawsuit, and since they didn't get sued into the ground, I assume they were right. It would similar with this. If you're an average person, you wouldn't be able to afford to sue if Disney or such uses your appearance without your permission.
  And that's how this would make life worse for the average person.

What about photography? Can i use this to demand the removal of my likeness from meta google etc
- No, this legislation is specifically about creating fake replicas. An actual recording of you in a space where you have no expectation of privacy is legal.
  But with that said, you already can request meta/Google/etc remove photos of you. Though i have no idea if they actually take action on those requests.
  
  I doubt they delete it.
- I believe you can if you are talking about deepfakes.

I'm a twin.
Explain how that's gonna work.
- The obvious solution would just be to kill the surviving twin when the first one dies. Simplifies things
  
  brb writing a Highlander reboot featuring the Dionne Quintuplets
  
  In a matter of ten years we gonna evolved into sharks

Why not 700 years? It will save Disney 10 lobbying campaigns

There is the problem that people are so similar to each other that face recognition technology keeps misidentifying people, in some cases putting innocent people in jail for someone else's crimes.
That would totally suck if we had to prove in court that our randomized face was not intended to look like some famous person.
It would also totally suck if Sony owned my face which means I can only appear in public when Sony allows it.
- Don't worry, the Public Appearance weekly subscription fees will be very reasonable.
- All of this already exists, except rights of privacy against misappropriation of name or likeness end at death. Copyright generally goes the life of the author plus 70 years.
  
  Your face isn't copyrighted

Illegal to share? So you see a video of someone and before you can share it without legal risk you have to verify its provenance? How is this supposed to be practical either from a usage or enforcement standpoint?

Isn't this already covered under our fraud laws? This law just seems to give more power to groups like the RIAA and other large media orgs.
If you can prove someone is committing fraud, you can already sue them. We should merely strengthen those laws, not create a "digital replication right" or whatever. Screw that, we should be limiting copyright, not extending it...
- I think existing fraud laws would just cover cases where someone tries to sell the fake as if its the real thing.
  For instance let's say i made an AI replica of Arnold Schwarzenegger and put it in a movie. If i said "come see my movie with Schwarzenegger in it" then that would be fraud, but if i said "come see my movie with a replica of Schwarzenegger in it" then that wouldn't be fraud.
  Or at least that's what i think is correct, but IANAL
  
  Yeah, and I think that's totally fine, and if somehow someone's likeness falls under copyright, it should fall under Fair Use imo.
  The problem with replicas is passing something off as authentic that isn't, and that's what fraud protects against.

Likeness shouldn't be copyrightable, and copy shouldn't extend past a couple decades.
- Now the AI hate train makes sense. Usher in a new era of digital copyrights. I was wondering why media was reusing the same "immigrants are coming for your women children and and tooth brushes" headlines but with AI instead.

30 years seems reasonable. On an unrelated note, Audrey Hepburn died 31 years ago.

Now I'm curious. I wonder if there is, or would ever be, any similar protection for physical likeness. Statues, wax models, action figures, etc. I'm sure that's probably a much smaller concern, though.
Also, I love that the example AI image they provide looks like high-T Mark Zuckerberg.
- wonder if there is, or would ever be, any similar protection for physical likeness.
  Yes, there is, even thought the need to execute such a right is quite rare.
  It is not a derivate from copyright, as you might think, but a detail of your general personality rights (basic human rights).
  
  That's not the legal situation in the US. I don't think this rather conservative take can be considered a global standard.
- Also, do drawings and portrayals in media, etc. count?

The "Stop Using AI to Make Videos of JD Fucking Couches and Dolphins" bill?

So copyright laws done right for a change?
- Don’t bank on it

42 comments