Protecting Image Rights in the Digital Age - Deepfakes & More

Introduction

There is a lot of talk about artificial intelligence (‘AI’) and how it will disrupt, and is already disrupting, the entertainment industry.

One of the most talked about issues is deepfakes, which are becoming prolific in the media.

While some have embraced positive innovation with this new technology (such as Messi’s ad campaign with Lay’s crisps), it has also drawn criticism (Rick Astley brought a case against Yung Gravy for imitating his voice in a version of his track 'Never Gonna Give You Up', and AI was a key point of contention in the SAG-AFRA strikes in the United States, with actors protesting against the ‘existential threat’ brought by AI to the creative profession).

This webinar will look at the issue of deepfakes and the key legal issues that arise regarding image and brand protection, privacy, data protection, and confidentiality rights.

What You Will Learn

This webinar will cover the following:

• What are deepfakes and how are they being deployed in the entertainment industry and on social media?
• Image rights - what are they and how (and to what extent) might they be used to protect against unauthorised deepfakes? As part of this, we will look at the concept of image rights in the UK and across the EU to see how they may offer protection over an individual’s image, likeness or characteristics
• Trademarks and passing off - what role can trade mark law and the law of passing off play as part of enforcement strategy?
• Copyright - does copyright law offer any protection to talent whose works have been used to train deepfake technology?
• Performers’ rights and moral rights - although not strictly ‘IP rights’, performers and creators are offered some protection over the treatment of their works. Might these assist in protecting them from deepfakes?
• Privacy, data protection and confidentiality - we will consider how current data protection law can, or sometimes cannot, protect talent
• Recent updates - the UK is keen to position itself as an AI leader and we will look at the latest updates in this area, including recent changes in legislation, the Beijing Treaty, social media guidance, and ongoing progress in the UK

This webinar was recorded on 25th March 2024