This is more about control of distribution than outright ownership. You can’t control the distribution of AI generated likenesses of yourself because they are now public domain, a photo someone takes is not public domain and not commercialisable without a release from the subject.
At least in the USA: You absolutely can control the distribution of your likeness if it wasn’t taken in public.
Photos of you in public can’t be controlled because you have no reasonable expectation of privacy in public. If someone takes a picture of you privately, even if not for commercial purposes, you can absolutely control the use of that image unless you release it.
But your AI generated likeness is now public domain, so explain how you have control over it’s distribution, it’s ok, I can keep repeating myself till everyone catches up.
You can keep repeating yourself all day long; it’s clear you only read the clickbaity headline and not the article that clarified creative credit and copyright can’t be owned directly by an AI. Your entire premise is wrong.
Personality rights are not copyright. At all. It’s just that simple. Entirely different branch of law, enforced at an entirely different level in the US (state-specific instead of federal). Something can be totally free of copyright while also still being illegal to distribute for entirely different reasons.
That’s a somewhat unknown subject given the way personality rights are written across the globe (they are not consistent and some are built on an invasion of privacy scenario only). Deepfake porn lives in extremely muddy largely-untouched ground. But if it is illegal, it would simply never happen under copyright law, and this ruling does not affect it.
Let me put it this way: If I break into your house and film you doing whatever then post it on YouTube, it’ll end up getting me penalized for breaking and entering, property damage, violation of privacy and who knows what else; probably a huge laundry list that’ll land me locked up for a good chunk of time and you’d win on all those counts. But one you’re extremely unlikely to win is copyright, unless I happen to film something like some piece of art you’ve made yourself in the process.
Oh man… I don’t even know how to tackle the legislature needed to handle AI content correctly, but I can tell you that the dinosaurs in office have even less of an idea. If we continue the path of corporations paying off politicians, which doesn’t seem like it has an end in sight… We are about to have some new problems that 5 years ago nobody even thought of.
I miss the old internet. Shit has gotten way out of hand and there is no stopping it.
Depending on the jurisdiction, you never had those rights. In Australia anyone is free to take your picture in (or from) a public space. The only issue is when that photo is used to damage the subject - and that is done under defamation laws. In the US the photographer owns the rights to a photograph unless there are other contractual stipulations - even if you are the subject of the photograph.
Congratulations, you no longer have any ownership of AI generated deep fakes of yourself, these are now public domain.
You don’t own a photo someone else made of you IRL either. Personality rights are closer to trademark.
This is more about control of distribution than outright ownership. You can’t control the distribution of AI generated likenesses of yourself because they are now public domain, a photo someone takes is not public domain and not commercialisable without a release from the subject.
At least in the USA: You absolutely can control the distribution of your likeness if it wasn’t taken in public.
Photos of you in public can’t be controlled because you have no reasonable expectation of privacy in public. If someone takes a picture of you privately, even if not for commercial purposes, you can absolutely control the use of that image unless you release it.
But your AI generated likeness is now public domain, so explain how you have control over it’s distribution, it’s ok, I can keep repeating myself till everyone catches up.
You can keep repeating yourself all day long; it’s clear you only read the clickbaity headline and not the article that clarified creative credit and copyright can’t be owned directly by an AI. Your entire premise is wrong.
Yes, it is. But if it wasn’t I’d still be right.
Personality rights are not copyright. At all. It’s just that simple. Entirely different branch of law, enforced at an entirely different level in the US (state-specific instead of federal). Something can be totally free of copyright while also still being illegal to distribute for entirely different reasons.
Is it illegal to distribute AI generated likenesses of a person?
That’s a somewhat unknown subject given the way personality rights are written across the globe (they are not consistent and some are built on an invasion of privacy scenario only). Deepfake porn lives in extremely muddy largely-untouched ground. But if it is illegal, it would simply never happen under copyright law, and this ruling does not affect it.
Let me put it this way: If I break into your house and film you doing whatever then post it on YouTube, it’ll end up getting me penalized for breaking and entering, property damage, violation of privacy and who knows what else; probably a huge laundry list that’ll land me locked up for a good chunk of time and you’d win on all those counts. But one you’re extremely unlikely to win is copyright, unless I happen to film something like some piece of art you’ve made yourself in the process.
Oh man… I don’t even know how to tackle the legislature needed to handle AI content correctly, but I can tell you that the dinosaurs in office have even less of an idea. If we continue the path of corporations paying off politicians, which doesn’t seem like it has an end in sight… We are about to have some new problems that 5 years ago nobody even thought of.
I miss the old internet. Shit has gotten way out of hand and there is no stopping it.
Depending on the jurisdiction, you never had those rights. In Australia anyone is free to take your picture in (or from) a public space. The only issue is when that photo is used to damage the subject - and that is done under defamation laws. In the US the photographer owns the rights to a photograph unless there are other contractual stipulations - even if you are the subject of the photograph.
Didn’t realise the article was about Australian AI laws…