Teen boys use AI to make fake nudes of classmates, sparking police probe::Parents told the high school “believed” the deepfake nudes were deleted.

  • mwguy
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    1 year ago

    Given that AI images and media can’t be copyrighted, does the nominal “subject” have any recourse?

    • kadu@lemmy.world
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      1 year ago

      Not sure about other places, but here in Brazil creating a fake nude of somebody and distributing it would be illegal

      • mwguy
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        1 year ago

        In the US a photoshopped nude would be copyrightable. But courts here have said that AI generated content doesn’t get the benefits of copyright.

        • essteeyou@lemmy.world
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          1 year ago

          Don’t only think of copyright. People don’t copyright CSAM, but they go to jail for making/distributing it.

        • CileTheSane@lemmy.ca
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          1 year ago

          Not being able to apply for copyright doesn’t prevent you from getting charged for infringement.

          “I made it with AI, it’s not copyrightable” is the 2023 version of uploading a show to Youtube and adding in the details “I do not claim Copyright on this material. All Copyrights belong to their respective holders”. It’s still illegal even if you don’t claim to own it.

    • time_lord@lemmy.world
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      1 year ago

      There’s the matter of consent, and it might legally be along the same lines of giving someone a roofie so they don’t remember in the morning.

    • oatscoop@midwest.social
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      1 year ago

      That just means the person that used AI to make something can’t claim those rights for the generated content – other laws still apply.

      Everyone else still retain rights to their likeness in most places, and I’d imagine that still stands in this case.

      • mwguy
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        1 year ago

        Historically, I know that a big way that the dissemination of these sort of images was stopped was by using copyright law (because they’re using the likeness of the subject). I’m worried how that will work if there’s no copyright law to fall back in.