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Fair use is handled quite differently with media as opposed to software products, and derivative works can often be legal. Derivative works can be exempt from c
by manfredo 9y ago
Fair use is handled quite differently with media as opposed to software products, and derivative works can often be legal. Derivative works can be exempt from copyright if they "uses a source work in completely new or unexpected ways". Additionally, pornographic parodies of public figures has a long history dating back centuries at least - explicit depictions of Marie Antionette during the French Revolution are an example off the top of my head. In fact, when I Google "Fair Use Transformative" a face-swap of the Mona Lisa is one of the first results I get.[2] I am not confident that a video or GIF would be treated differently than a still image by the courts. Additionally, the "Supreme Court has indicated that offensiveness is not a fair use factor" [3] so there's a good chance that moral outrage over deepfakes is not likely to be enough to criminalize it.
That said, hosting sites invariably have clauses that state they can remove any content they don't like so this content is probably going to be relegated to 4chan and whatnot. As stated in the root comment, I'm fine with companies taking that prerogative. I dislike to notion of people faces - arguably their identities - being swapped onto objectionable or embarrassing content but at the same time I don't see it being banned given the current precedence.
[1] https://www.lib.umn.edu/copyright/fairuse https://www.lib.umn.edu/copyright/fairuse
[2] https://lh4.ggpht.com/gB5n9MpLL-AzDdn4G6tizWf5MTu8PhUdGFHe0LtjY07fTeFdxTafO2ZNshIkwkCNlsHjwclFu4jo5_6n9gniUXwn0w=s1024 https://lh4.ggpht.com/gB5n9MpLL-AzDdn4G6tizWf5MTu8PhUdGFHe0L...
[3] https://fairuse.stanford.edu/overview/fair-use/four-factors/#the_fifth_fair_use_factor_are_you_good_or_bad https://fairuse.stanford.edu/overview/fair-use/four-factors/...
- icebraining 9y agoBeing 500 years old, the Mona Lisa is probably out of all rights. The French Revolution is also not a great time to measure the enforcement of laws - she was probably more worried about keeping her head on her shoulders than about lewd pictures of her. Copyright does have fair use exceptions, but some countries and US states also have personality rights that control the use of one's image. Hulk Hogan's case against Gawker, for exemple, was not own on copyright grounds, as far as I can tell.
- gus_massa 9y agoI think it's like translating a movie or a book. You must have the authorization of the copyright holders (or hope that nobody cares or try to fly under the radar). The "new and unexpected" part will fade away in a month.