this post was submitted on 29 Oct 2024
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Robert Downey Jr. plans to sue any Hollywood executive who signs off on the creation of his digital replica.

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[–] [email protected] 0 points 3 days ago (2 children)

People, your likeness can’t be used by others commercially without your consent, and this goes back way before AI or even computers.

https://en.wikipedia.org/wiki/Personality_rights#United_States

For example:

actor Crispin Glover filed a lawsuit against Universal Studios for both the unauthorized use of his likeness and the use of footage of him from Back to the Future in Back to the Future Part II; his permission had not been sought for the latter and he received no payment. After a motion to dismiss was denied, the case was settled for an undisclosed amount. The Screen Actors Guild changed its rules to prohibit its members from unauthorized mimicking of other SAG members.[51][52]

[–] [email protected] 0 points 3 days ago (1 children)

How’d that work out for Johansson?

[–] [email protected] 0 points 2 days ago (1 children)

Well we don't know, the case is ongoing. But it'll probably go in her favor. Judges currently tend to dislike AI.

[–] [email protected] 0 points 2 days ago* (last edited 2 days ago)

the AI piece is kind of irrelevant. the only relevant parts as far as I understand are how much the "image" directly resembles her, and the laws in the specific state (I believe her state of residence, but could be wrong).

[–] [email protected] 0 points 3 days ago (2 children)

Does this mean Elvis impersonators are breaking the law?

[–] [email protected] 0 points 2 days ago* (last edited 2 days ago)

Not just Elvis, there are a lot of celebrity impersonators out there. I'm guessing they are legal or traditionally tolerated for some reason. Maybe the fact that it's in-person vs in a film/tv show/ad/print makes it different.

[–] [email protected] 0 points 2 days ago (1 children)

If they're not in SAG and/or it's not a SAG-covered field, then no.

[–] [email protected] 0 points 2 days ago (1 children)

It's definitely a SAG-covered field, especially with later-era Elvises.

[–] [email protected] 0 points 2 days ago (1 children)

Impersonators, assuming you're talking about the ones on the street, typically fall under parody and are therefore fair use. Some also do pay licensing fees for their portrayals. Just sort of depends on the situation.

[–] [email protected] 0 points 2 days ago

I just meant that they're fat.