Deepfakes Pose Increasing Legal and Ethical Issues for Hollywood

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Deepfakes Pose Increasing Legal and Ethical Issues for Hollywood
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Ultra-realistic manipulation of digital imagery could open up new horizons for filmmaking, but lawmakers are only beginning to grapple with the issues and unanswered questions it poses

series creator Charlie Brooker imagines a disturbing scenario: In an episode titled "Rachel, Jack and Ashley Too," a pop singer, Ashley Ortiz , demands out of her contract. Her manager reacts to Ashley's moody ways by lacing her food with medication that induces a coma. Then, Ashley's team introduces to the world an improved version of the singer — a holographic replacement that willboth her old hits as well as new music on tour.

SAG-AFTRA, the actors guild, had hoped that union-friendly lawmakers would pass the New York law to crack down on non-consensual exploitation of its members. Given increasing attention toward pornographic deepfakes, there was every expectation that would happen. Ultimately, after a wide coalition of opposers that included the MPAA, broadcasters, publishing outfits and tech-friendly advocacy groups warned about implications for free speech, the bill was tabled.

Rothman outlines why even voluntary transfers should be barred or limited. "Allowing the free transferability proposed in this bill will place at risk aspiring actors, musicians and models, who are all particularly vulnerable to signing away their rights of publicity for a chance of getting representation, or a record deal, or doing a photo shoot," she adds. "Unions can step in to help, but not every deal or transaction is governed by union deals.

Attempts to foreclose on someone's publicity rights to settle debts already have opened up uncomfortable discussions. Take O.J. Simpson, for example. Many people remember how, after a jury in his wrongful death civil case ordered the former NFL star to pay $33.5 million in damages, Ron Goldman's family took over ownership of the copyright to Simpson's memoir,. What goes forgotten is how Goldman's family also demanded Simpson's right of publicity as a transferable asset.

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