zlacker

I think anti-deepfake legislation needs to consider fair use, especially when it comes to parody or other commentary on public figures. OpenAI's actions do not qualify as fair use.

>>nickle+(OP)
The problem with that idea is that I can hide behind it while making videos of famous politicians doing really morally questionable things and distributing them on YouTube. The reason Fair Use works with regular parodies in my opinion is that everyone can tell that it is obviously fake. For example, Saturday Night Live routinely makes joking parody videos of elected officials doing things we think might be consistent with their character. And in those cases it's obvious that it's being portrayed by an actor and therefore a parody. If you use someone's likeness directly I think that it must never be fair use or we will quickly end up in a world where no video can be trusted.

>>throww+f7
I’m guessing you’re referring to people still thinking Sarah Palin said she could see Russia from her house, that was from a SNL skit and an amazing impression from Tina Fey. I agree, people have a hard time separating reality from obvious parody, how could we expect them to make a distinction with intentional imitation. Society must draw a clear line that it is not ok to do this.

>>throww+f7
Let me start by saying I despise generative AI and I think most AI companies are basically crooked.

I thought about your comment for a while, and I agree that there is a fine line between "realistic parody" and "intentional deception" that makes deepfake AI almost impossible to defend. In particular I agree with your distinction:

- In matters involving human actors, human-created animations, etc, there should be great deference to the human impersonators, particularly when it involves notable public figures. One major difference is that, since it's virtually impossible for humans to precisely impersonate or draw one another, there is an element of caricature and artistic choice with highly "realistic" impersonations.

- AI should be held to a higher standard because it involves almost no human expression, and it can easily create mathematically-perfect impersonations which are engineered to fool people. The point of my comment is that fair use is a thin sliver of what you can do with the tech, but it shouldn't be stamped out entirely.

I am really thinking of, say, the Joe Rogan / Donald Trump comedic deepfakes. It might be fine under American constitutional law to say that those things must be made so that AI Rogan / AI Trump always refer to each other in those ways, to make it very clear to listeners. It is a distinctly non-libertarian solution, but it could be "necessary and proper" because of the threat to our social and political knowledge. But as a general principle, those comedic deepkfakes are works of human political expression, aided by a fairly simple computer program that any CS graduate can understand, assuming they earned their degree honestly and are willing to do some math. It is constitutionally icky (legal term) to go after those people too harshly.

>>nickle+DW1
I think that as long as a clear "mark of parody" is maintained such that a reasonable person could distinguish between the two, AI parodies are probably fine. The murkiness in my mind is expressly in the situation in the first episode of Black Mirror, where nobody could distinguish between the AI-generated video and the prime minister actually performing the act. Clearly that is not a parody, even if some people might find the situation humorous. But if we're not careful we give people making fake videos cover to hide behind fair use for parody.

I think you and I have the same concerns about balancing damage to the societal fabric against protecting honest speech.