Hacker News new | past | comments | ask | show | jobs | submit login

I'm not sure your reading of this is warranted at all.

In any event, are you sure it protects you from criminal liability if you label something as a deep fake, then other people redistribute it without that label?




> if you label something as a deep fake, then other people redistribute it without that label?

If I print off a copy of a Van Gogh making it clear that it's a copy, and then somebody else sells it as an original, who is liable for fraud?


The intent of the law seems different in these cases though. The purpose of anti-forgery laws is to protect the producers and consumers of art from being ripped off financially. The purpose of deep-fake prohibitions is to protect the viewers of the video from being misled about reality, and the subject of the video from the consequences thereof.

Yes they both involve making visual copies of things but the underlying dynamics are completely different.


Did you sell the copy to the person who passed it off as an original? If so, you might be in real trouble, especially if it forms a pattern of behavior. If it was a gift and no form of remuneration was expected or received you’re going to be fine. The more nuanced answer is “prosecutorial discretion” because this will be investigated. If you’re an art student who did this once, for $100, you’re probably just going to be told to stop being so naive, not held criminally liable.


Whoever the jury decides.


I suppose the person who removed the label would, theoretically, be the guilty party. One could argue that law enforcement is flawed, but that's true for any law.


> are you sure it protects you from criminal liability if you label something as a deep fake, then other people redistribute it without that label?

No, I'm not sure. I said "potentially," but I don't know.

I think it may be plausible to argue that labeling a recording outside of the recording itself should be one factor in deciding whether a reasonable observer would consider it authentic.

And I think it may also be plausible to argue that doing so protects the labeler, and that (particularly if the license to redistribute requires that the disclaimer be shown in any subsequent distribution channels) only the people who distribute it without the label should be found to have violated the act.


Could someone already sue you for libel if you created a deep fake of them?




Guidelines | FAQ | Lists | API | Security | Legal | Apply to YC | Contact

Search: