Deep fakes have become a buzzword discussed widely
among legal and technology experts. The term ‘deep fakes’ refers to
face-swapping technologies that enable a quick creation of fake images or
videos which appear incredibly realistic.
This paper firstly explains the technology behind the
deep fakes and addresses ethical and regulatory concerns related to deep fakes.
For more comprehensive analyses, the use of deep fakes is analysed in four
different contexts: (i) in pornography, (ii) in political campaigns, (iii) for
commercial use, and (iv) for
creative purposes. In each of these four
categories real-world examples, such as Nicolas Cage’s “appearance” in famous movies,
are provided. Also, the main advantages, major concerns, and unintended
consequences of the use of deep fakes are highlighted.
Since deep fakes are primarily used for malicious and
socially detrimental purposes (e.g., revenge porn), it is suggested by the
authors that deep fakes - like many other new technologies in the past - are initially
met with fear. On the other hand, deep fakes could also have socially beneficial
outcomes by reducing transaction costs in creating derivative content as well
as by facilitating new forms of creativity. As it is likely that deep fakes will
be more widely adopted in future, various social and legal challenges which the
regulators and the society will have to face are addressed by the authors. Finally,
the potential role of online content dissemination platforms and governments in
addressing regulation of deep fakes is teased out.
The authors conclude by making three suggestions on
how to reduce the risks posed by deep fakes - one from a technology point of
view (i. e., the use of AI) and two from a regulatory angle.
[This is an Authors' Take
post, which provides readers with an insight into current IP scholarship, featuring
preliminary comments and thoughts from authors of articles accepted for
publication in forthcoming issues of the Journal of Intellectual Property Law
& Practice (OUP). The full text of this contribution, which will be
included in our special Image Rights Issue, will be made available on Advance Access soon]
