3 ms·

Would this also apply to real porn actresses who happen to look like Emma Watson?

• fxtentacle 6y ago
  https://www.casebriefs.com/blog/law/intellectual-property-law/intellectual-property-keyed-to-merges/state-intellectual-property-law-and-federal-preemption/midler-v-ford-motor-co/ https://www.casebriefs.com/blog/law/intellectual-property-la... "Under California law, intentional imitation of a celebrity’s distinctive and widely known voice for commercial purposes constitutes tortious misappropriation." Intentional is the key word here. So I presume that if you look like Emma Watson and go with your real name, you're fine. If you pretend to be Emma Watson, then it becomes infringing.
  • controversy 6y ago
    But pretending is key here too. Harry Potter porn? Here she’s pretending to be Emma Watson’s most famous role but not Emma.
  • yasp 6y ago
    So then ostensibly a deepfake that is clear that it's not actually Emma Watson (not pretending) and therefore only sharing a likeness would be legal?
    • fxtentacle 6y ago
      Depends on your intention. If you produce the video with the intent to profit off her fame, and that will certainty be assumed if you use her name in the tags or keywords, then it's clearly illegal. But if the video says "this is a deepfake" and is not showing up in search results for her name, then it should be fine. Its just that in the latter case, probably nobody is going to watch it, so the discussion is then moot anyway.
      • chr1 6y ago
        In the latter case users could write the name in comments.