- cross-posted to:
- [email protected]
- cross-posted to:
- [email protected]
Twitter will remove nonconsensual nude images within hours as long as that media is reported for having violated someone’s copyright. If the same content is reported just as nonconsensual intimate media, Twitter will not remove it within weeks, and might never remove it at all, according to a pre-print study from researchers at the University of Michigan.
It sucks that this is the mechanism we have to use for this but a person’s likeness is their own copyright and posting images of someone without permission could be seen as copyright infringement. Granted this also opens a lot of doors to just completely eliminating almost all images from the internet, like imagine going to a tourist destination and having to get permission from anyone who might be in your overdone posed tourist photo.
Edit: Since some of yall are dense motherfuckers and/or just arguing in bad faith, I’m pointing out how going using copyright as the enforcement mechanism opens the door for these already flawed copyright systems to be heavily abused even further. I’m specifically pointing to Right of Publicity, where your likeness is protected from commercial use unless you give permission to post. It’s why any show or movie that’s filmed in a public place blurs people out if they haven’t gotten signed release forms from anyone who appears on camera.
Whut?
The Right to Publicity: https://www.law.cornell.edu/wex/publicity
Yeah that just isn’t true. If this was true I could charge every business that has ever stored videos of me.
If they were publicising those videos that sounds illegal to me. If I printed off a copyrighted book for my own personal use, that would be legal. If I started distributing my own reprints of a copyrighted book without permission, the copyright holder could go after me. The businesses can hold copyrighted material without distributing them and not be in breach of the law.
Many of those companies employ use third parties to store those videos and use them to train AI in products that they sell.
https://www.law.cornell.edu/wex/publicity
Its the Right to Publicity. Walmart can record security footage but they shouldn’t be able to use a recording for commercial purposes unless you explicitly give them permission to use it.
Yeah, they sell those security videos and are using them for AI training, etc.
Make $500k/year just by walking in and out of a Walmart all day!
It’s true, but in terms of publicity, not mere image capture.
https://en.wikipedia.org/wiki/Personality_rights
This isn’t true or how it works, but there is a law being proposed that would sorta make it so: https://arstechnica.com/information-technology/2024/08/senates-no-fakes-act-hopes-to-make-unauthorized-digital-replicas-illegal/
(In the US), your likeness is protected under state laws and due to case law, rather than federal laws, and I don’t know of any such law that imposes a responsibility upon sites like Twitter to take down violations upon your report in the same way that the DMCA does. Rather, they allow you to sue the entity who used your likeness for damages in civil court. That isn’t very useful to Jane when her ex-boyfriend uploads revenge porn of her or to Kate when a random Twitter account deepfakes her face onto a nude.
However, if a picture you have copyright to (like a selfie) is used as an input into an AI, arguably you do have partial copyright to it, as the AI elements are not copyrighted and it could not have been created without your input. As such, I think it would be reasonable to issue a DMCA takedown request if someone posted a nonconsensual deepfake of you, on the grounds that you have a good faith belief that you do have copyright to it. However, if you didn’t take the picture used as an input yourself, you don’t have copyright to it and therefore don’t have partial copyright to the output, either. If it’s a deepfake face swap, then whoever owns copyright of the original scene image/video would also have partial copyright, and they could also issue a DMCA takedown request.
My guy, you seriously aren’t pretending that clothed people in the background of a photo is the same as pictures of someone naked taken or posted without their consent, right?
Just ignoring the core context?
Come on.
I’m not making a comparison between the two, I’m pointing out how resolving posting non-consensual nudes of someone through copyright systems could be abused in other instances. I’m also not saying there shouldn’t be a system for having non-consensual nudes taken down, we absolutely should, but it needs to be a system dedicated to taking down non-consensual images, not a patchwork workaround using copyright.