Legal issues of AI generated image/video

[u/Few_Instruction8026]

In real life while using any image/video for commercial purpose you ensure the model appearing in it have signed model release agreement. However, while using AI you don't know if the generated person by AI matches with someone in real life. It may happen you use that image/video for advertisement and someday you receive a notice from someone saying you are using my face without permission.

Let's say I give prompt "create a dating video of Indian young male and female" to AI tool. The prompt is genric having no reference to any individual. The AI creates video showing two persons and you use that for advertisement purpose. These are some questions that I have.

1. How to ensure the person generated by AI isn't matching with someone in real life?
2. How do businesses using AI image/video ensure the above?

[u/INxP]

Seems like a bit of a non-issue. You could just as well use an actual person and end up with someone out there looking very much alike. No way to prevent that possibility, it might always happen. As long as you're not intentionally using someone's likeness, then there shouldn't be any legal problem either.

[u/Few_Instruction8026 → u/INxP]

The issue isn't about someone looking alike rather defending it legally. When you use an actual person image/video for commercial purpose, you have a signed agreement with that person. That agreement is enough to prove it legally.

However, in case of AI tool It doesn't provide any agreement. The AI tool isn't going to defend you for the person it creates. You can't simply say I don't know if the person created by AI have similarity with any real person.

[u/Successful_Day_7360]

It might work better if someone made a fake fictional person the ai could base it off of. It is an art form to mold a bunch of features from different photos to make an entirely unique person. I could absolutely see someone making a fake person for an advertisement to avoid running into legal issues with a real person

[u/Upstairs-Mammoth-509]

This is one of those headaches that keeps me up at night honestly the tech is moving way faster than any legal framework

i dont think theres a perfect answer yet some companies run reverse image searches on their AI outputs but that only catches people whos photos are already indexed publicly. the real nightmare scenario is generating a face that belongs to some random person in a village somewhere who has zero online presence but somehow sees your ad

till the courts figure this out im betting most businesses are just crossing their fingers and hoping the model training data was diverse enough to create truly novel faces

[u/Terrible_Bee5394 → u/Upstairs-Mammoth-509]

That is why I’m a neutral leaning towards anti. Because with every new technology regulations need to be implemented to prevent idiots from abusing it. Look at cars and all the osha regulations for modern production equipment for example

[u/AbbyTheOneAndOnly]

matching someone isnt really a variant.

you know that some people look alike too right?

[u/zorecknor]

The short answer is that you can't. Which is why every animation has the disclaimer like 'these are fictional characters, any semblance with a real person is pure coincidence'.

If you do get sued, point to your AI.

[u/Honest_Ad_7589 → u/zorecknor]

This. From a legal standpoint, all you need is a disclaimer.

[u/Phantom-Eclipse]

How is this a real concern tho? Let's say you do the same in blender. You make a very detailed character from memory.

And whoops.. it just so happens to look like 1 of 8 billion folks on this planet? I mean it can always happen. Hell I've seen people on TV who looked very similar to myself.

[u/lastberserker]

When you draw a human from your imagination or from a dream, how do you ensure you got a permission from any real life human your imagination matched? 🤔

[u/DaveG28]

I think you'd be fine as long as you could show your prompt hadn't been with an intent to create a real specific person to be honest.

[u/RioNReedus]

YouTube makes money off AI likeness and IP videos

That's all I can offer on the topic

[u/Bassed_Hummble]

There's no reason to assume that would happen.

Also, there's no legal issue unless you're clearly insinuating that it's a specific person or actually used a real person's image.

If you cast a model who happens to look like Taylor Swift, that's just who that person is. The problem arises when you strongly hint that it actually is the celebrity. For a random person who might exist somewhere on the planet, being a lookalike is not a personality rights issue.