Re:Reddit bans 'deepfakes' AI porn communities
by Spivak on Wednesday February 07, 2018 @09:52PM
(#16329826)
What would their suit entail that isn't covered by existing porn parodies? So long as the final composition is labeled as a fake I don't see them winning on damage to reputation. Use of likeness might go through in a few states that cover non-commercial use but in most states as long as it's fan-made they would probably be okay.
This is true. It's not censorable free speech, meaning the government can't prohibit it ahead of time. But speech can be subject to tort claims despite surviving the First Amendment. A deepfake victim can sue for damages in civil courts, and there's a 99.99999% chance they'd win massive damages every time.
This is especially true if fans are doing so for fun and not for profit
Profit motive may affect the amount of damages, but it doesn't effect whether or not the victim can sue and win in a court of law. Even in the US, you'd be paying out significant damages to someone for damage to reputation or use of likeness.