Copyright Isn’t Enough: Addressing Deepfake Harms
Summary of the Article: Deepfakes, Copyright, and a Flawed Approach
This article discusses proposed laws in denmark and the Netherlands that aim to combat the rise of deepfakes by granting individuals copyright over thier body, facial features, and voice. While the intent - to address the harms caused by deepfakes (damage to reputation, misinformation, threats to democracy) – is laudable, the article argues that using copyright law is the wrong approach.
Here’s a breakdown of the key points:
* The Problem: Deepfakes are causing significant harm, ranging from personal distress (fake pornography) to societal damage (misinformation, political manipulation).
* The Proposed Solution: Denmark and the Netherlands are considering laws that would give people copyright control over their likeness.
* The Criticism: The author, citing legal expert P. Bernt Hugenholtz, argues this is a case of “copyright maximalism” – inappropriately applying copyright to solve problems better addressed by privacy law, media regulation, or election laws.
* Why Copyright is a Poor Fit: Copyright protects original expressive works, not inherent personal characteristics. Extending copyright in this way creates doctrinal inconsistencies and undermines the core principles of copyright law (incentivizing creation for a limited time).
* The Unintended Consequence: The copyright approach frames deepfakes as a licensing chance rather than a moral or ethical issue. This prioritizes monetization over protecting individuals and society.
* Further Concerns: The approach risks weakening copyright law itself by stretching its definition and introducing inconsistencies.
In essence, the article contends that while tackling deepfakes is crucial, these proposed laws are misguided and could ultimately be counterproductive. They address the symptoms of the problem with the wrong tool, and possibly create new problems in the process.