What are the ethical and legal limits on the use of deepfakes?

Volkswagen’s 70th anniversary campaign brings a recreation of Elise Regina, who died in 1982, singing the hit Como noso pas with her daughter Maria Rita.
The advertising video of AlmappBBDO, developed for Volkswagen, published this Tuesday (4) as an example of the application of deepfakes in advertising, restarted the discussion about the limits of the use of artificial intelligence.
Read also:
– Is it appropriate to use deepfakes to get emotional with Alice Regina in a campaign?
The technology, which has long been associated with fake news and internet scams, also has applications considered ethical and legal and includes a combination of techniques that synthesize images and sounds through AI. The automotive brand’s 70th anniversary campaign brings a recreation of Alice Regina, who died in 1982, to her daughter Maria Rita singing the hit. like our parents,
-
parody creation
“that is, a recreation of an existing work from a primarily critical, satirical or satirical point of view is expressly permitted in copyright law” -
regenerated personality
“As long as it is authorized by the family and the holders of any property rights to this persona, as was the case with Alice Regina, this use is ethical, permitted and even extended over time to an artist’s notoriety.” could” -
fundamental work
“While there is still debate about the safety of works created by Generative Artificial Intelligence (are they born in the public domain?) the use of AI to create original works is ethical and goes beyond the limits of Brazilian law does not go” -
public health
“Provided that such use complies with the Copyright Act (in the case of using literary works for training), the use is of no additional use (i.e., the work is not misrepresented and does not infringe any moral rights) has not been violated) and anonymization of sensitive data is ethical.
parody creation
“that is, a recreation of an existing work from a primarily critical, satirical or satirical point of view is expressly permitted in copyright law”
Bruno Sartori, a pioneer in the use of deepfakes in Brazil, points to four applications currently considered legal in the use of deepfakes. “Comedy works with satire on the daily lives of public figures such as politicians, as long as it is clear in content. Content personalization: For example, the user can choose which voice a certain song will be sung with. In advertising campaigns, as was the case with Alice Regina. In addition, there are other segments such as health, where it is possible to train neural networks to learn to identify a certain location in the test.
“I see the ethical applications of deepfakes as follows: the creation of parody, that is, the recreation of an existing work from a primarily critical, ironic, or satirical point of view, something that is explicitly permitted in our copyright law. ‘Reviving’ dead personalities, as long as it is authorized by the family and holders of any property rights to this personality, as was the case with Alice Regina, this use is ethical, permitted and even a Can also increase the artist’s notoriety time. , Use for the creation of original works, although there is still debate about the safety of works created by generative artificial intelligence (are they born in the public domain?) Is the use of AI for the creation of original works ethical and does not go beyond the bounds of Brazilian law ”, explains Julia Pazos, partner and head of intellectual property, innovation, technology and data privacy at DSMA Azule.
Sartori highlights some of the harmful and already very common applications of deepfakes. “Creation of pornography using others’ faces in video. Fake news, which has in many cases become synonymous with deepfakes, refers to commercial use without authorization, for example, including actors and actresses in content without proper authorization. Finally, another misuse of deepfakes focuses on scams such as recreating voices and faces in order to deceive third parties.
-
fake news
“The use of a person’s image and voice without his permission is in itself an offense against a right guaranteed by the Constitution. When it comes to spreading fake news, the crime becomes more serious and the use of technology unethical. -
musical contraption
“We have seen many cases of duets or feats between singers which were actually performed by AI. Drake and The Weeknd, The Beatles and even the Brazilian singer. This practice is not only an infringement of the rights on the singer’s voice (which may only be used with his prior and expressed authorisation), but also an infringement of the original music, which is modified by technology, without his authorisation. Copyright Law. brazilian writer -
actor deepfake
“If I do not have your prior and explicit consent, the use of technology to reproduce your image is a violation of a right guaranteed in our Constitution and is, therefore, an unethical use” -
moral rights
“According to our copyright law, the author has a moral right to retain his work. The use of these technologies often ends up in editing (inserting, deleting or modifying part of the work) without the author’s permission, which is a crime against their moral rights.
fake news
“The use of a person’s image and voice without his permission is in itself an offense against a right guaranteed by the Constitution. When it comes to spreading fake news, the crime becomes more serious and the use of technology unethical.
“The use of a person’s image and voice without his permission is in itself an offense against a right guaranteed by the Constitution. The crime becomes even more serious when it comes to spreading fake news and the use of technology becomes unethical. We have seen many cases of duets or feats between singers which were actually performed by AI. Drake and The Weeknd, The Beatles and even the Brazilian singer. This practice is not only an infringement of the rights on the singer’s voice (which may only be used with his prior and expressed authorisation), but also an infringement of the original music, which is modified by technology, without his authorisation. Copyright Law. Brazilian writer. In the case of actors in films, if there is no prior and explicit approval, the use of technology to reproduce their image is a violation of the right guaranteed in our Constitution and is, therefore, an unethical use”, highlighted Julia. .
The lawyers emphasize that “AI and deepfakes have the potential to be extremely useful and, at the same time, violate many rights. Because of this, the implications of these technologies have been widely debated around the world, particularly with regard to the impact on personal data privacy and copyright. The World Intellectual Property Organization in 2019 launched a broad and comprehensive debate on aspects of intellectual property protection in these technologies.
Read also:
– What is deepfake and what are the possible uses of this technology?
Deepfake is an artificial intelligence technique that combines and manipulates elements of various images or videos to create a realistic fake. The technology is capable of exchanging faces, voices, and even creating believable imaginary scenes.