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Taking Down Deepfakes Through Copyright Enforcement: These are not the droits you are looking for

Ogulcan Ekiz Orcid Logo

Deepfakes and the Law: Challenges, Responses, and Critique

Swansea University Author: Ogulcan Ekiz Orcid Logo

Abstract

This paper explores the effectiveness of copyright enforcement in preventing the creation and distribution of deepfake images. Deepfakes are artificially generated media that mimic real individuals, often used for harmful purposes such as financial fraud, spreading disinformation, or producing non-c...

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Published in: Deepfakes and the Law: Challenges, Responses, and Critique
Published: Routledge
URI: https://cronfa.swan.ac.uk/Record/cronfa70359
Abstract: This paper explores the effectiveness of copyright enforcement in preventing the creation and distribution of deepfake images. Deepfakes are artificially generated media that mimic real individuals, often used for harmful purposes such as financial fraud, spreading disinformation, or producing non-consensual adult content. This study specifically focuses on deepfake images that replicate a person’s likeness in adult content without their consent. The paper argues that although deepfakes may infringe upon reproduction and integrity rights under copyright law, the practical efficacy of these laws is undermined in two ways. The first is the disparity between the copyright holder and the individual depicted in the deepfake, and the second is the evidentiary challenges in proving unlawful copying. Therefore, this chapter argues that copyright is not geared up to protect individuals depicted in deepfakes as it is author/owner-centric and focused on commercial interests.
College: Faculty of Humanities and Social Sciences