I do not care if this corporate behavior is “legal.”
It is unethical.
It SHOULD be illegal.
This is not an #AI copyright (photographer or publication) issue.
It’s MUCH bigger.
It is basic ownership of our faces, our bodies. Models need a global Actors Guild.
Via David Pell NextDraft: I Have a Face for AI by Nassia Matsa
https://wp.me/pbRvtl-7QI
@kegill In most (30/50) US states, that *is* illegal, and has been long before AI was ever a thing.
Would be nice to have a national law, though.
https://en.wikipedia.org/wiki/Personality_rights#United_States
That example/story is from Europe. It is rare for the US to have privacy laws that are more restrictive than the EU. I don’t think the Wikipedia article you shared covers what happened here, but IANAL. Are you?
@kegill No, I'm not, but the example it gives at the bottom of the section on the US, citing California's law, seems to fit perfectly with the facts in the article (other than jurisdiction, of course):
"Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent, or, in the case of a minor, the prior consent of his parent or legal guardian, shall be liable for any damages sustained by the person or persons injured as a result thereof."
“Knowing” is doubtful: the advertiser likely picked one out of a set of offered images.
Likeness isn’t defined. Similar is not a mirror.
I don’t think this is nearly as black and white as you do.
@kegill No, but I think the AI companies training their models on these likenesses, without a large enough dataset to produce truly unique images, may run afoul of the "knowingly" clause.
As for likeness... that is an interesting question. If someone uses my face but photoshops my nose, is that my likeness? Are pictures of voldemort still Ralph Fiennes' likeness? Do screenshots of Avatar contain Sam Worthington's likeness?
I don’t know the legal definition.
If there is only case law, it’s doubtful there is one.
If multiple states have different definitions, that’s equally problematic.
AFA training data … the end result of a customer request is not “knowingly” like a single person. Cannot be unless the training dataset is extraordinarily small.
I can, however, create a caricature of a public figure, legally. Are models public figures?
@kegill I never claimed that it was...?
Typo on my part.
EU law that makes this legal.
I’m trying to bring the conversation back to the news story.
@LouisIngenthron
Show me the law in the EU that makes this illegal.