Season 5 Ep #5 Artificial Intelligence: A Deeper Dive into Pop Culture Part 2

IP Goes Pop!® hosts and intellectual property attorneys Michael Snyder and Joseph Gushue dive back into the fascinating world of artificial intelligence (AI) and how it can affect, or even alter, IP rights. In this episode they break down “deepfakes”, i.e. images where a person’s likeness is digitally altered to appear to be someone or even something else.  Unlike other AI-generated content and traditional media manipulations such as Photoshop, deepfakes are typically created to spread misinformation.

The podcast conversation covers the ethical and legal implications of deepfakes, including their impact on celebrities, public figures, and society. They discuss real-world examples, such as AI-generated songs mimicking famous artists like Drake and The Weeknd, and digital replicas of actors in commercials. The hosts explore how these technologies could lead to copyright violations and public relations nightmares, especially when AI-generated content starts to overshadow original works.

The episode also considers the 2023 Screen Actors Guild-American Federation of Television and Radio Artist (SAG-AFTRA) strike, highlighting actors' concerns about studios using their digital likenesses without consent for future projects. Michael and Joe discuss the potential consequences of using AI to recreate actors for future projects, even after they are gone, and the potential for this technology to eliminate the need for extras in films.

As they navigate these complex issues, the hosts discuss proposed solutions like digital watermarking, content authenticity tools, and legislative measures such as the No Fakes Act, which aims to regulate the use of AI-generated replicas. They emphasize the urgent need for updated laws to keep up with technological advances and protect IP and individual rights.

The episode concludes with a look at the future of AI and its implications for intellectual property law, urging listeners to stay informed and skeptical of the content they encounter online as the AI landscape evolves and generates even more sophisticated and realistic fabrications. Tune in for a discussion that is both timely and critical in understanding the rapidly changing dynamics of technology, IP law, and creative expression.

Timestamps:

(2:01) Recap of Part One

• Artificial Intelligence: Is Imitation Still Flattery? Part 1
• Definition of “deepfakes”

(4:07) Deepfakes in Pop Culture

• Celebrity Imitation
  • Tom Cruise and Deepfakes on TikTok and Instagram
• Movies
  • The Running Man (1987) with Arnold Schwarzenegger
• Music
  • Viral TikTok AI-generated song Heart on My Sleeve featuring voices of Drake and The Weeknd
• Advertisements
  • Tom Hanks' AI-generated Dental Plan commercial
• Protecting brands and public personas
  • Celebrities shown using products they’ve never been associated with

(16:14) AI in the Entertainment Industry

• The role of AI in the 2023 SAG-AFTRA strike
  • use of actors' digital replicas
  • using AI to recreate deceased actors or de-age current ones
• Posthumous Voice and Image Use
  • Star Wars James Earl jones Darth Vader Voice
• Types of Digital Replicas
  • Employment Based
  • Independently Created
• Aging Actors Artificially

(21:00) Speed, Scale, and Concerns of Advancements in Generative AI

• Will Smith Eat Spaghetti 2023 vs. 2024
• Tiger using chopsticks video
• Damage Control Needs
• Adobe AI Compliance and Verification
  • Content credentials

(25:29) Ethics in AI: Martin Seligman Psychologist Chatbot

• A student created a chatbot modeled after psychologist Martin Seligman without his knowledge or permission
• AI WebMD and Diagnosticians

(28:34) Future Risks and Considerations

• The need for updated laws and regulations to address AI and deepfake technologies
• No Federal Guidelines as of now
• The potential for AI to be used in scams and fraud (for example: voice verification)
• Lesson in technology foils in Mission Impossible movies

(33:25) Final Thoughts

• "No Fakes Act" and its goals to regulate AI-generated replicas and protect individuals' likenesses