Abstract
Technological advances now allow photographic images to be readily produced and rapidly disseminated. Such advances also increasingly permit significant manipulation of a person’s photographic image. While earlier image-manipulations were unsophisticated and easily detected, modern forms (such as AI-generated deepfakes) are highly realistic. When such images feature identifiable humans without their consent, the resulting harms can be severe and traumatic. Conflicts can thus arise between various rights and interests: such as freedom of expression, autonomy and dignity. This paper focuses on and re-examines key issues that arise when photographic images of humans are manipulated without their consent. I first identify relevant interest-holders including image-subjects, image-viewers, image-disseminators and image-creators such as photographers. I then examine copyright law as a legal tool often employed for the interests of subjects and photographers. Next, I analyse illustrative cases and examples to demonstrate how copyright law frequently disfavours interests of certain image-subjects and image-viewers. This analysis highlights how the balance of interests can skew in favour of other interest-holders. I therefore recommend exploring alternative options to better consider the wide range of relevant rights and interests, ending with specific suggestions. By offering a combination of legal and ethical perspectives, this paper advocates for photographers, other creative professionals, legal professionals and the public to collectively participate in improvements, especially for those most vulnerable to unauthorised image use. The paper’s relevance to image work encompasses photography, film, advertising and social media.
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
Photography, Deepfakes, Manipulation, Copyright, Image Rights, Law, Internet, Film, Advertising
