International Journal For Multidisciplinary Research

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Navigating the legal framework for deepfake technology in the era of intellectual property and personal rights

Author(s) JEEVETHA P
Country India
Abstract Emerging AI-based technologies like deepfake are paradigms that will add challenges to intellectual property rights (IPR), which include copyright, trademark, and moral rights, threatening privacy, integrity, and more. Deepfakes could also violate copyright, including potentially through the fair use doctrine, which allows for the limited use of protected work without permission. Because transformative use often applies, however, placing such content within the existing copyright protection framework is not cut and dry and must be balanced against the right to freedom of expression for users. They confuse the evident misrepresentation of an endorsement or affiliation and mislead consumers through not telling the truth of a particular service/product or issuer of the service/product, which can be challenged on the basis of trademark infringement. Also, the utilization of deepfake technology, like the use of a live man's appearance without his/her consent, constitutes a violation of the man's-person's personal rights and harms his reputation. This tussle, like the current legal schism, does little to account for the rapid proliferation of deepfakes — particularly the unsanctioned or exploitative use of that sort of digital content.
This paper studies the lack of legal protection (namely copyright and personality rights) and the shortcomings of existing intellectual property regulations to combat the dangers posed by deepfakes. It also engages with potential legislative weeding and how to preserve protections from unearned abuse in the digital realm.
Keywords Keywords: Deepfakes, Intellectual Property Rights (IPR), Copyright Infringement, Personality Rights, Legal Protection.
Published In Volume 7, Issue 2, March-April 2025
Published On 2025-03-03
DOI https://doi.org/10.36948/ijfmr.2025.v07i02.37887
Short DOI https://doi.org/g86xc8
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