In the article “The ‘Deepfake Era’: How To Navigate AI-Generated Content,” attorneys Sheila Swaroop, chair of the firm’s litigation practice, and Sara Witty explore legal protections against AI-generated “deepfakes” and provide insight into the current state of AI-related legislation.
To illustrate the high-profile nature of the deepfake issue, the article begins by examining the recent example of AI-generated images of celebrity Taylor Swift and her fans appearing to endorse Donald Trump in the upcoming presidential election, and the actions taken by Swift in response. “These examples of AI-generated images linking a public figure and her fan base to a political endorsement highlight the need for appropriate legal protection to protect against deepfakes,” write Swaroop and Witty.
The authors describe options to minimize the risks posed by deepfakes. These include protecting through copyright applications, securing trademark registrations, asserting right of publicity claims, considering defamation claims, and staying current on new laws.
“The rise of AI-generated images has created new legal challenges, particularly for the unauthorized use of an individual’s name, content, and images,” maintain Swaroop and Witty. They conclude, “The recent examples involving images of Taylor Swift and her fan base demonstrate the risks of deepfakes when used in the political context. [T]hose concerned with AI-generated content can proactively address this issue by securing copyright and trademark protection and by relying on additional state laws.”
Read the full article here.
