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from Part I - Law of Obligations
Published online by Cambridge University Press: 21 March 2024
Deep fakes are a special kind of counterfeit image that is difficult to distinguish from an authentic image. They may be used to represent a person doing any act and are generated using advanced machine learning techniques. Currently, such an appropriation of personality is only actionable if the circumstances disclose one of a number of largely unrelated causes of action. As these causes of action are inadequate to protect claimants from the appropriation of their personalities, there should be a new independent tort or statutory action for the appropriation of personalities which is grounded in the protection of a person’s dignitary interests.
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