Tom Hanks has warned fans that an ad for a dental plan that appears to use his image is in fact fake and was created using artificial intelligence.
In a message posted to his 9.5 million Instagram followers, the actor said his image was used without his permission. “BEWARE!! There’s a video out there promoting some dental plan with an AI version of me. I have nothing to do with it,” Hanks wrote over a screenshot of a computer-generated image of himself from the clip.
The Oscar winner has expressed concerns in the past about the use of AI in film and TV, although he has not shied away from approving digitally altered versions of himself in film.
Is using an actor’s likeness without their permission copyright infringement?
In Portugal the law forbids taking pictures of a person without consent in public places if the person is the main subject(it’s okay if you’re filming something else and the person happens to pass). I used to think it was too limiting a law, but now I think everyone will need this sort of legal protection.
Copyright is very strictly for creative works, which your likeness is not.
You might be able to stretch trademark law into applying here, but my understanding is that, at least at the federal level, there’s not really much of a legal framework for dealing with this sort of stuff yet. Hopefully we’ll get something soon.
Granted but impersonation is also a crime, is it not?
When used for fraud, absolutely. But it can also be used for parody and satire, which is strongly constitutionally protected as free speech.
A case like this is pretty open and shut since it’s a blatant scam, but what if it was simply a fake Tom Hanks saying political statements he disagrees with? Would someone be able to argue parody? Probably not successfully, but there is a blurry line there. What if you simply had to include a disclaimer that it’s AI generated? Would all content be allowable in that case?
Likeness rights are state based and accordingly vary state to state. As usual with such things, you can just assume CA and NY is the “prevailing” law on it.
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