this post was submitted on 23 Nov 2023
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I mean, in the instance of legal use of a likeness outside of maybe some fair use cases, the technology doesn't necessarily dictate that its own use is legitimate in all use cases. Some people independently training a model for private use may be harder or impossible to do anything about, but there's definitely precedent for going after someone for profiting from your likeness without your consent.
There may be some grounds where the sort of fair use that parody enjoys could apply to AI or the use of AI-derived likenesses, but I wouldn't expect people's rights to their own likeness to evaporate overnight unless copyright goes with them in some broader sense.
The current controversy within SAG over whether to sign even a deal on a per-project basis for scanning actors seems like a pretty good indicator that the standards on this are far from ironed out.
When it comes to training models, I do think it's unrealistic to limit the use of materials that are readily and legitimately available on the internet for free. But straight up using AI to copy a likeness for profit is very different.