this post was submitted on 06 Sep 2024
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Make no mistake. The US is heading in the same direction. Look at the proposed anti-deepfake laws. That guy could be prosecuted extremely harshly under those.
It will be interesting to see that tested in court. I don't think anyone would complain about for example a pencil sketch of a naked celebrity, that would be considered free speech and fair use even if it is a sketch of a scene from a movie.
So where does the line go? If the pencil sketch is legal, what if you do a digital sketch with Adobe illustrator and a graphics tablet? What if you use the Adobe AI function to help clean up the image? What if you take screen grabs of a publicity shot of the actor's face and a nude image of someone else, and use them together to trace the image you end up painting? What if you then use AI to help you select colors and help shading? What if you do each of those processes individually but you have AI do each of them? That is not very functionally different from giving an AI a publicity shot and telling it to generate a nude image.
As I see it, The only difference between the AI deepfake and the fake produced by a skilled artist is the amount of time and effort required. And while that definitely makes it easy to turn out an awful lot of fakes, it's bad policy to ban one and not the other simply based on the process by which the image was created.
One is banned because it can affect someone's earnings, and is theft, the other is not banned because noone is harming another party by making a pencil drawing of a celebrity or scene.
I'm not talking about the copyright violation of sharing parts of a copyrighted movie. That is obviously infringement. I am talking about generated nude images.
If the pencil drawing is not harming anybody, is the photo realistic but completely hand-done painting somehow more harmful? Does it become even more harmful if you use AI to help with the painting?
If the pencil drawing is legal, and the AI generated deep fake is illegal, I am asking where exactly the line is. Because there is a whole spectrum between the two, so at what point does it become illegal?
It becomes harmful once you start selling it for profit based on its similarity to a real person.
Just so you know that does happen quite a lot on a small scale. Copyright law tends to be applied once a business pattern is established around the problematic content.
Some people get away with it selling at craft fairs and such and just noone ever hears about it.