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A comment on With questionable copyright claim, Jay-Z orders deepfake parodies off YouTube. Parent comment

Re:With questionable copyright claim, Jay-Z orders deepfake ... by em-bee on Tuesday April 28, 2020 @08:02PM (#23013672)
if you see a new video with elvis presley today, you know it's not really him. the chances of mistaken identiy is low.

if the person is still alive then people might believe it's an original and the impersonated can legitimately claim that the fake is profiting from that mistaken identity.

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Re:With questionable copyright claim, Jay-Z orders deepfake ... by ineedasername on Tuesday April 28, 2020 @08:06PM (#23013705)
Mistaken identity doesn't come into play here. It's copyright that got the videos removed, not publicity rights.
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Re:With questionable copyright claim, Jay-Z orders deepfake ... by Reelin on Tuesday April 28, 2020 @09:58PM (#23014446)
The point is that copyright doesn't apply to someone's image or likeness - that's trademark! Copyright only applies to a work itself (at least in the US).

A deepfake Elvis video of a song that he didn't write would be subject to copyright by the original author of the song and to trademark by the owner of Elvis's likeness. However, it seems plausible that such a trademark claim might fail because (among other things) it should be apparent to a viewer that it isn't actually Elvis.

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