Deepfake Technology and Individual Rights

Deepfake technology can be used to produce videos of real individuals, saying and doing things that they never in fact said or did, that appear highly authentic. Having accepted the premise that Deepfake content can constitute a legitimate form of expression, it is not immediately clear where the rights of content producers and distributors end, and where the rights of individuals whose likenesses are used in this content begin. This paper explores the question of whether it can be plausibly argued that Deepfake content involving the likenesses of real individuals violates the rights of these individuals