Grammy-nominated Taylor Swift’s loyal fan base is outraged and mobilizing against the popping of AI-generated, explicit images of the pop singer on spread. So-called deepfake photos and videos can be damaging to reputation – and have emotionally devastating consequences. Nevertheless, there is no law in the USA that prohibits the creation of such content.
Taylor Swift AI
The AI-generated pornographic images appeared primarily on X and were shared, commented on and liked by thousands. The deepfakes referenced the singer’s highly publicized romance with Kansas City Chiefs player Travis Kelce. In the comments, Swifties expressed their outrage at the tasteless content and made a clear statement to stop the spread of these images. Under the trending topic “Taylor Swift AI” and with the hashtag “Protect Taylor Swift”, they flood the platform with unrelated posts in order to drown out the explicit deepfakes. They also appeal to Elon Musk to do something about this misuse of AI on X.
The problem of deepfakes
Other celebrities such as Bella Thorne, Miley Cyrus, Jennifer Lawrence and Rihanna have also been victims of deepfake videos and images. The lack of legal regulation in the USA regarding AI-generated images is particularly clear.
The Deep Fakes Accountability Act of 2023 was introduced last year by Rep. Yvette Clarke, requiring creators to digitally watermark deep fake content. However, the regulation still needs to be ratified and passed in Congress.
Legal regulation in Germany
Even in Germany, the creation of deepfakes is not prohibited per se. However, if deepfakes are used offensively, those responsible could be accused of various violations.
- The software used to create deepfakes requires image or video material as a basis. It is important to note that these templates may be copyrighted. Therefore, reproduction without the permission of the author may result in a Copyright infringement lead. In the event of such a violation, it is usual for a warning to be issued with a cease and desist declaration and a demand for damages.
- In addition, according to the Art Copyright Act the possibility of a violation of the right to your own image. This means that using someone’s images requires their consent. However, there may be exceptions in certain cases, particularly public figures.
- The content of deepfake videos can, depending on their orientation, violate this Personal rights of the person depicted. This could result in criminal penalties including: Insult, slander or slander. It is therefore crucial to consider the legal implications and ethical issues surrounding the creation and distribution of deepfakes.