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Policy Reversal on Historical Figure Depictions
OpenAI has reportedly halted the creation of deepfakes depicting historical figures like Martin Luther King Jr. on its Sora video AI platform, according to reports. This change in stance appears to mirror the company’s earlier, controversial handling of copyright issues when the tool first launched. Sources indicate that the initial strategy proved unworkable, forcing the platform to execute what analysts suggest was an embarrassing U-turn to an “opt-in” policy for rightsholders after it was inundated with unauthorized depictions of characters.
Navigating the Murky Waters of Likeness Rights
Unlike copyright, which has a federal framework, protecting a person’s likeness is governed by a patchwork of state laws. The report states that these laws typically allow living individuals to sue over the unauthorized use of their image, and in some states, these rights extend to deceased persons as well. For instance, California, where OpenAI is based, has specifically stated that postmortem privacy rights apply to AI replicas of performers, creating a significant legal consideration for the company. This legal landscape is a key factor in the company’s decision-making, as it seeks to avoid litigation concerning cloning a person’s digital likeness.
This evolving regulatory environment coincides with other related innovations in AI and robotics that are testing the boundaries of existing law. Meanwhile, the financial implications of such rapid technological change are also under scrutiny, with one recent analysis on market trends warning of potential instability.
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Contrasting Approaches: Living vs. Deceased Individuals
For living individuals, sources indicate that OpenAI’s approach has been different from the start. The company has reportedly allowed people to opt-in to appearing in AI-generated videos by creating authorized AI clones of themselves. This stands in stark contrast to the new, more restrictive policy for deceased historical figures. The previous controversy involved the platform being flooded with AI-generated videos of copyrighted characters such as Pikachu, Rick and Morty, and SpongeBob SquarePants, which prompted the swift policy reversal on that front.
These developments in AI video generation are part of a broader shift in the tech sector, with major companies accelerating their strategies in response to industry developments. As these technologies become more sophisticated, the ethical and legal frameworks governing them continue to be a primary focus for developers and regulators alike.
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