You are going to be seeing a lot of headlines over the next coming years about generative A.I. users being hit with cease-and-desist letters from high-powered entities in the world of entertainment.
Most recently, according to a New York Times report, a content creator used A.I. to create a song that sounded like it featured Drake and The Weeknd.
Well, it kind of did and kind of did not.
Legal Troubles for Generative A.I. Deepfakes
Though the song got plenty of listens from people all across the world, and even more once it was widely known that the song was generated by A.I.—which creates a sort of novelty appeal to the whole thing—the song ultimately ended up getting taken down because of the record company that represents Drake.
So, for anyone who was wondering, you really cannot use musical artists’ voices to do just about anything. Although it will be interesting to see whether singers’ voices can be used in fair-use type cases, where content creators make it known to viewers that they are listening to something fake.
Although, of course, that would take away all the novelty of deepfakes, where part of the entertainment value is realizing just how genuine the content seems, and therefore just how liable it is to fool others into believing they are listening to, say, a Drake song.
What Can Generative A.I. Do with Others’ Content?
You would think that it is easy to detect the work of A.I. versus the work of a human, but it can actually be quite difficult.
In fact, plenty of people were fooled by the A.I.-generated Tom Cruise deepfake creator that got his own segment on 60 Minutes.
In short, you can do quite a bit with the name, image, likeness, voice, body movements, etc. of media figures. Whether it is making a song or doing a full-on impersonation, which is surprisingly easy even for terrible impressionists given the advancements in voice modulation A.I.
Add in A.I. that can overlay a celebrities’ face over your own, and you will have a pretty convincing video of pick-your-celebrity doing any outlandish and/or entertaining thing of your devising.
Of course, you may run into legal troubles of your own.
Who Has Permission to Use Others’ Work In A.I. Content?
The “fake Drake” incident has shown that although there is plenty of opportunity to do just about anything with generative A.I., prudent content creators will try to avoid a lawsuit.
However, what about business owners that use generative A.I. for their marketing efforts?
A.I. and Intellectual Property Troubles Can Complicate Business’ Use of Generative A.I.
Any business owner is going to be excited about the wide range of possibilities for artificial intelligence and marketing, but generative A.I. efforts will need to be careful.
For instance, A.I. may be able to make a jingle for you made out of Willie Nelson’s voice, but it is best that you do not do that. Otherwise, you may be courting a lawsuit.
The upshot of all of this for businesses is that your use of generative A.I. needs to be restricted to content that does not use cultural figures or other intellectual property.
Additionally, generative A.I. that is trained on data from sources like Getty Images may run into legal problems. Ensuring that the generative A.I. platform you are using has cleared its training data from any possible intellectual property infringements will be key. Otherwise, you may have to take down your marketing material.
Even if you acknowledge it is a parody or made by generative A.I., you may not be protected by fair use laws.
For A.I. marketing solutions that are legally safe to use, read on below.
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