Intellectual Property Insights from Fishman Stewart
Mini Article – Volume 24, Issue 4
Share on Social
Taylor Swift Deepfakes Make Bad Blood with Fans
By Kristyn Webb
Recently, some sexually explicit photographs of Taylor Swift went viral on social media platform X (formerly Twitter). These images were deepfakes—AI generated images of Swift. The issue of deepfakes has been making headlines as the US enters another presidential election cycle, due largely to concerns over the potentially deleterious effects of misinformation on voters.
Congress is considering various bills to try to curb the spread of deepfakes online, including criminal and civil penalties for unauthorized production of deepfake content. Swift’s fans did not wait for a Congressional act. Instead, they took up the online campaign by flooding social media with positive images of Swift and the hashtag #ProtectTaylorSwift.
Not everyone has the enormous and engaged fan base of Taylor Swift. It is estimated that 99% of deep fakes target women and 96% depict sexual content. While this issue clearly is one of violence against women, it may take the threat of an election loss due to deepfake campaign videos to persuade Congress of the urgency of the threats posed by synthetic media. Current laws are generally inadequate to counter this problem. Copyright law protects the content creator who makes the work from any unauthorized reproduction of the work—not necessarily the person who is depicted in the work. Trademark law protects brand owners from use of similar trademarks that might confuse consumers—not necessarily a person’s likeness. A patchwork of state statutes and common law currently exist to protect an individual’s name, image, and likeness, but these laws may be too undeveloped or antiquated to fully address this new use of technology.
Perhaps as the election cycle heats up, or as more celebrities are victimized, the law will get a nudge toward addressing the issues surrounding deepfakes.
Kristyn Webb is the Group Leader of Fishman Stewart’s Copyright Practice Group, and holds a Master’s Degree in Copyright Law from King’s College London.
Published February 9, 2024
Related Content from Fishman Stewart
First, a big “thank you” to all our readers who have given feedback on our newsletter. We appreciate your interest and insights. It is always a treat to hear from you! Second, we wanted to provide you with updates on some of our most popular articles
“Palworld”— a computer game created and published by Japanese developer Pocket Pair. Released as an early access game in January 2024, it sold over seven million copies on the computer platform Steam in the first five days and had nearly 20 million players in the first two weeks.
This year’s Super Bowl featured a thrilling overtime victory for the Kansas City Chiefs over the San Francisco 49ers. With estimates as high as 123 million viewers, America's premier sporting event also serves as a grand stage for creativity and intellectual property protections that enhance the game’s success.
Valentine’s Day is just around the corner and jewelry sales are usually around $6 billion USD in the United States alone. In 2021, the US Customs and Border Protection agency seized over $1 billion USD worth of counterfeit pieces of jewelry.
Detroit Lions In Copyright Dispute Over Barry Sanders Statue
Fish Tank: Newsletter Volume 24, Issue 3
This season marked many ‘firsts’ for the Lions including unveiling the first statue at Ford Field immortalizing a former Lion: Barry Sanders. However, some may not consider the Sanders statue a clear ‘win’ for the Detroit Lions franchise.
A few years ago, the Copyright Office received a large number of requests from Twilight fans who wanted to get a peek at the registered and unpublished manuscript of Stephanie Meyer’s Forever Dawn.
Demetrious Polychron was a big fan of The Lord of the Rings books by author J.R.R. Tolkien, which described the world of Middle Earth where Hobbits, Elves, Dwarves, Wizards, and other creatures engage in an epic battle of good and evil involving a ring with magical powers.
Public Domain Day is celebrated on January 1st and commemorates the expiration of copyright protection for certain creative works.
Taylor Swift has had an incredible 2023. Her “Eras Tour” has been a massive success, becoming one of the most profitable tours for an artist of all time. The release of the concert film of the tour became the highest-grossing concert film of all time.
Why is IP Protection Crucial for Small Businesses? We understand the challenges faced by small businesses, and we encourage you to take proactive measures to protect your intellectual property.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
