FAKE-ID: Art

Deepfakes have already left their mark in the world of the arts and popular culture (e.g., in television and film); their artistic application has generated a lot of attention. The creative potential of deepfakes has been used, for example, to play with visual representations and attributes that we use to identify people. In this way, deepfakes make visible how our ideas about reality are created.

The planned EU regulation on AI, which includes a labelling requirement for deepfakes on the Internet, provides a general exception for their artistic use. This would present authorities and courts with the delicate task of balancing the conflicting claims in legal disputes about the alleged violation of public rights or the rights of other people by deepfakes. Deepfakes have already led to disputes between artists over the delicate question of authorship. There is also the fundamental question of legal responsibility referring for the production and distribution of AI generated images.

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