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Considering State Laws
An individual or business should also consider recent state laws that specifically address synthetic and digitally manipulated media.
For example, in November 2020, New York enacted a law that expressly bans the use of “a deceased performer’s digital replica” in audio-visual content, for 40 years after the performer’s death, if that use is “likely to deceive the public into thinking it was authorized.” This could prohibit the use of deepfakes in instances such as the Anthony Bourdain documentary Roadrunner. There, controversially, the film’s director leveraged deepfake technology to generate three lines that brought Bourdain’s “voice back to life” in order to complete the production following his death, despite the celebrity chef’s widow, Ottavia Bourdain, asserting that she did not give permission for such use. ...
On the political front, Texas enacted a law in September 2019 that banned disseminating deceptive “deepfake videos” intended to damage candidates or influence a voter base within 30 days of an election. The following month, California passed a similar law but specified that the period at issue is within 60 days of an election. Further, the platforms that host deepfakes will also need to consider compliance concerns regarding claims of deception. ...
See the full story here: https://www.jdsupra.com/legalnews/artificial-intelligence-deepfakes-in-6807166/