fair use<\/a> provides some leeway with copyright protections, this bill defines circumstances under which replicas and depictions would be OK, such as when “the public interest in access to the use” outweighs “the intellectual property interest in the voice or likeness.”<\/p>\nBut even if people being sued ultimately prevail on First Amendment grounds, it still means they have to go to court, with all the time and expense that entails. Even for those with the resources to do this, it would be a big headache. And many people do not have the resources to do this, which means that even when the First Amendment is on their side, they’re still likely to lose, to cave (by taking down whatever content is being challenged), or to avoid making said content in the first place.<\/p>\n
You can see how this might seriously chill speech that is protected. People may be afraid to even create art, comedy, or commentary that could get challenged.\u00a0And tech companies could be afraid to allow such content on their platforms.<\/p>\n
If this measure becomes law, I would expect to see a lot more takedowns of anything that might come close to being a violation, be it a clip of a Saturday Night Live<\/i> skit lampooning Trump, a comedic impression of Taylor Swift, or a weird ChatGPT-generated image of Ayn Rand. I would also expect to see more platforms institute blanket bans on parody accounts and the like.<\/p>\n
The bill stipulates that imitators aren’t liable “if the harm caused by such conduct is negligible.” But emotional distress counts as harm, which makes this a pretty subjective designation.<\/p>\n
And some categories of content\u2014such as “sexually explicit” content and “intimate images”\u2014are declared per se harmful (which means there could be no arguing that they did not actually harm the party being depicted and therefore were not actually violations). Supporters will likely argue that this targets things like deepfake porn (where AI is used to make it appear someone appeared in a porn video when they did not). But the language of the law is broad enough to potentially ensnare a wide range of content, including erotic art, commentary that conjures two political figures intimately involved (like those\u2014yes, often silly and sophomoric\u2014images of Trump and Putin in bed together), and comedic\/parodic depictions of sexual encounters.<\/p>\n
There’s no doubt that AI is opening up new parameters for creative expression and<\/em> for deception, raising new questions and presenting new issues that society will have to deal with. But we shouldn’t let lawmakers use these hiccups to justify a broad new incursion on free speech rights.<\/p>\nThe post AI Fraud Act Could Outlaw Parodies, Political Cartoons, and More\u00a0<\/a> appeared first on Reason.com<\/a>.<\/p>\n","protected":false},"excerpt":{"rendered":" The bill is broad enough to target a Saturday Night Live skit lampooning Trump, a comedic impression of Taylor Swift, or a weird ChatGPT-generated image of Ayn Rand.\u00a0 …<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"tdm_status":"","tdm_grid_status":""},"categories":[19,9,161],"tags":[],"_links":{"self":[{"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/posts\/97420"}],"collection":[{"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/comments?post=97420"}],"version-history":[{"count":0,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/posts\/97420\/revisions"}],"wp:attachment":[{"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/media?parent=97420"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/categories?post=97420"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/3rdcitynews.com\/news\/wp-json\/wp\/v2\/tags?post=97420"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}