this post was submitted on 03 Nov 2023
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Given that AI images and media can't be copyrighted, does the nominal "subject" have any recourse?
Not sure about other places, but here in Brazil creating a fake nude of somebody and distributing it would be illegal
In the US a photoshopped nude would be copyrightable. But courts here have said that AI generated content doesn't get the benefits of copyright.
Don't only think of copyright. People don't copyright CSAM, but they go to jail for making/distributing it.
That's a good point.
Not being able to apply for copyright doesn't prevent you from getting charged for infringement.
"I made it with AI, it's not copyrightable" is the 2023 version of uploading a show to Youtube and adding in the details "I do not claim Copyright on this material. All Copyrights belong to their respective holders". It's still illegal even if you don't claim to own it.
There's the matter of consent, and it might legally be along the same lines of giving someone a roofie so they don't remember in the morning.
That just means the person that used AI to make something can't claim those rights for the generated content -- other laws still apply.
Everyone else still retain rights to their likeness in most places, and I'd imagine that still stands in this case.
Historically, I know that a big way that the dissemination of these sort of images was stopped was by using copyright law (because they're using the likeness of the subject). I'm worried how that will work if there's no copyright law to fall back in.