Giving performers copyright over their work could protect them from deepfake tec...
source link: https://techxplore.com/news/2021-09-copyright-deepfake-technology.html
Go to the source link to view the article. You can view the picture content, updated content and better typesetting reading experience. If the link is broken, please click the button below to view the snapshot at that time.
September 2, 2021
Giving performers copyright over their work could protect them from deepfake technology, study shows
Credit: CC0 Public Domain
AI and other technology is increasingly being used to make fabricated videos or sound recordings that imitate the likeness of a person's face, voice or performance by manipulating authentic footage using machine learning technology.
Regulating the abusive use of deepfake technology is challenging because it was unforeseen by intellectual property policy-makers at the time current laws were designed.
Currently performers are legally entitled to control the records made of their work, but this doesn't apply to digital impersonation such as those generated by deepfakes.
New research by Dr Mathilde Pavis, from the University of Exeter Law School, suggests existing performers' legal rights should be reformed, so they have copyright over their performances instead.
The research is published in Convergence: The International Journal of Research into New Media Technologies.
The study says reforming performers' rights would be a sophisticated response to the challenges posed by deepfake technology. This would mean performers and others could better use positive aspects of deepfake technology for creative expression, or entertainment in television, films, video games or social media.
Dr Pavis says that "the regime of performers' rights could be replaced with a regime of performers' copyright. This small, yet important, change in legal regimes can be the difference between piecemeal, uneven and, therefore, ineffective protection against unauthorized deepfakes and a harmonized international approach to the technology."
"This reform would offer a comprehensive and more sustainable legal response to deepfakes. It would simplify the structure of intellectual property by removing a sub-category of intellectual property right - performers' rights - and integrating it into the more-established regime of copyright. It would remove the archaic divide placed between authors and performers, which has no legitimate justifications today."
"This reform would create transferable property rights over the performance and likeness of the deepfaked persons. There will need to be safeguards included, such as preventing or limiting the complete transfer of rights to third parties."
Performers' rights currently protect the recording of a performance and the reproductions (or copies) of that recording. Performers can only control the fixed, recorded, version of their performance. The content of the recording, the performance, is not protected and can be re-performed and imitated without consequences under performers' rights. This means that a performer has no intellectual property right to the substance or style of their performance.
Deepfakes challenge the framework of performers' rights because performances are reproduced without generating a 'recording' or a 'copy' of a recording. AI systems used to generate deepfakes do not record performances or copy recordings of performances. They reproduce performances without reproducing the recordings of those performances so fall outside the scope of protection afforded by performers' rights.
Including the making of deepfakes within the scope of activities controlled by performers' rights would require a modification of the statutory provisions defining the right to record a performance, and the right to make copies of these recordings to ensure that it covers reproduction of the performance itself, or at least references reproduction of performances via synthetisation.
Explore further
Recommend
-
10
We tested 6 of Aukey's new ultra-compact USB PD chargers, and they're impressive performers
-
13
Why Performers Make Great Product Managers: Kunal Shah on Building Empathy..and more. Why Performers Make Great Product Managers: Kunal Shah shares how he hacked his way into building an empathy-led team. The Ashish Sinha po...
-
10
'War Against Sex Workers:' What Visa and Mastercard Dropping Pornhub Means to PerformersThe world's biggest credit card companies terminated service to Pornhub, and performers on the site say it could seri...
-
10
The Psychology of Winning: What Separates Super Performers From Everyone Else
-
6
Coaching Managing Star Performers in High-Pressure Situations August 18, 2021 ...
-
10
Developing employees Let Your Top Performers Move Around the Company August 20, 2021
-
6
May 18, 2022 ...
-
4
'South Park' creators Trey Parker and Matt Stone raise $20M for their deepfake company
-
3
DigiToads And Decentraland Could Be The Best Performers Of The Next Bull Run
-
4
Why Does the U.S. Copyright Office Require Libraries to Lie to Users about Their Fair Use Rights? They Won’t Say. If you’ve ever made a photocopy in a U.S. library or received a copy of an in-cop...
About Joyk
Aggregate valuable and interesting links.
Joyk means Joy of geeK