Foreign legal regulation analysis of deepfakes: intellectual property protection issue

Автор: Postarnak Anton M.

Журнал: Теория и практика общественного развития @teoria-practica

Рубрика: Право

Статья в выпуске: 6, 2023 года.

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The article examines the issues that arise when modifying various works with the help of “deepfake” technology (processing by a neural network of an already existing work of another author for various purposes). It is emphasized that the creation of such content causes contradictions in the field of intellectual property protection, since, on the one hand, deepfakes are a secondary product, created by means of artificial intelligence, which is not human and therefore does not have copyrights, and on the other hand, their production uses the already existing intellectual property object, which needs to be protected. Mechanisms of legal regulation of the deepfakes usage sphere in the framework of foreign legislations are described; Russian regulatory norms touching upon the chosen topic are given. Opinions of the scientific community on the most probable way of elimination of gaps in the legislation are investigated. It is deemed that the main approach to copyright protection used by the international community is the recognition of deepfakes as intellectual property. The necessity of changing the Russian legislation taking into account the trends of the world development is outlined.

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Information, deepfake, artificial intelligence, copyright, author, intellectual property, international law

Короткий адрес: https://sciup.org/149142647

IDR: 149142647   |   DOI: 10.24158/tipor.2023.6.36

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