The rights to the video with the image of the actor became the subject of a legal dispute.
The company "Reface Technologies", which creates deepfake videos with famous actors, won a lawsuit against the end-to-end analytics service Roistat (LLC "Business Analytics"), which used one of its videos in its advertising without permission. The court recovered 500 thousand rubles of compensation from Roistat for violating the exclusive right to the video.
Deepfake is a technology that allows you to replace people's faces in videos using neural networks. In the controversial video, a man with the face of Keanu Reeves can't leave the house, constantly checking if he turned off the iron. In the end, he leaves with the iron in his hand. The video was produced by AMG (Agenda Media Group) and transferred to the partner company "Reface Technologies". In June 2023, the video appeared in Roistat's Telegram ad.
AMG CEO Alexey Parfun filed a complaint with Roistat, but was rejected. According to Parfun, Roistat stated that "the products of neural networks are not regulated by copyright, you can take them and use them." Parfun disagreed with this approach and filed a lawsuit to " understand the legal practice."
Judge Viktoria Krikunova recognized that the video is subject to copyright, despite the use of deepfake technology. According to the reasoning part of the decision of November 30, 2023," ... the defendant's arguments that the created video is not subject to copyright due to the use of deep-fake technology are rejected by the court, since deepfake technology is an additional tool for processing (technical editing) video materials, and not a way to create them." Similarly, the fact that a motion designer commissioned by AMG edited the source materials of the video using a deepfake does not in itself indicate that the video is available for free use (without the consent of the copyright holder), or that the persons who provided the script writing, shooting, or audio accompaniment "did not make a personal contribution." creative contribution to the creation of the video and are not recognized as its authors," the court decision says.
Parfun expressed satisfaction with the court's decision and stated that " neural networks are a tool, and the works created with their help are the same object of copyright as any other." He added that " the market is becoming more civilized, and I think this is a good thing."
Roistat did not respond to questions from Forbes about whether they agree with the court's decision and whether they will appeal it. Experts note that disputes over the rights to works created by AI are gaining momentum around the world. For example, in China, an Internet court recognized the authorship rights to an AI-generated product specifically for the user.
The use of deepfakes in advertising is one of the main applications of this technology. In the Russian market, there are already vivid examples of business cooperation with world stars. So, in August 2021, Megafon presented a multi-part advertising series in support of the launch of new tariffs. The main characters of the commercials were Bruce Willis and comedian Azamat Musagaliyev-they played partners-special agents who defuse a bomb. As Forbes wrote, Willis did not even have to fly to the set — his character for the video was drawn by neural networks using face generation technology. "We worked with Bruce Willis under a direct contract, without intermediaries. The actor actively participated in the project, coordinated all scenarios of commercials and final materials, "Megafon told Forbes. — We have openly informed the audience about the use of this technology in our advertising. Bruce Willis ' contract has now been finalized."
Experts believe that such a decision can encourage a more responsible attitude to the use of technology, copyright protection, and establishing a clear position on the ownership of intellectual rights to content created by AI. However, they also note that disputes over the rights to works created by AI are gaining momentum all over the world, and there is not always a clear answer to who is the copyright holder of such a product: the user, the AI developer or no one. The case of "Reface Technologies" against "Business Analytics" has become an interesting precedent, but it does not exhaust all the problems.
The company "Reface Technologies", which creates deepfake videos with famous actors, won a lawsuit against the end-to-end analytics service Roistat (LLC "Business Analytics"), which used one of its videos in its advertising without permission. The court recovered 500 thousand rubles of compensation from Roistat for violating the exclusive right to the video.
Deepfake is a technology that allows you to replace people's faces in videos using neural networks. In the controversial video, a man with the face of Keanu Reeves can't leave the house, constantly checking if he turned off the iron. In the end, he leaves with the iron in his hand. The video was produced by AMG (Agenda Media Group) and transferred to the partner company "Reface Technologies". In June 2023, the video appeared in Roistat's Telegram ad.
AMG CEO Alexey Parfun filed a complaint with Roistat, but was rejected. According to Parfun, Roistat stated that "the products of neural networks are not regulated by copyright, you can take them and use them." Parfun disagreed with this approach and filed a lawsuit to " understand the legal practice."
Judge Viktoria Krikunova recognized that the video is subject to copyright, despite the use of deepfake technology. According to the reasoning part of the decision of November 30, 2023," ... the defendant's arguments that the created video is not subject to copyright due to the use of deep-fake technology are rejected by the court, since deepfake technology is an additional tool for processing (technical editing) video materials, and not a way to create them." Similarly, the fact that a motion designer commissioned by AMG edited the source materials of the video using a deepfake does not in itself indicate that the video is available for free use (without the consent of the copyright holder), or that the persons who provided the script writing, shooting, or audio accompaniment "did not make a personal contribution." creative contribution to the creation of the video and are not recognized as its authors," the court decision says.
Parfun expressed satisfaction with the court's decision and stated that " neural networks are a tool, and the works created with their help are the same object of copyright as any other." He added that " the market is becoming more civilized, and I think this is a good thing."
Roistat did not respond to questions from Forbes about whether they agree with the court's decision and whether they will appeal it. Experts note that disputes over the rights to works created by AI are gaining momentum around the world. For example, in China, an Internet court recognized the authorship rights to an AI-generated product specifically for the user.
The use of deepfakes in advertising is one of the main applications of this technology. In the Russian market, there are already vivid examples of business cooperation with world stars. So, in August 2021, Megafon presented a multi-part advertising series in support of the launch of new tariffs. The main characters of the commercials were Bruce Willis and comedian Azamat Musagaliyev-they played partners-special agents who defuse a bomb. As Forbes wrote, Willis did not even have to fly to the set — his character for the video was drawn by neural networks using face generation technology. "We worked with Bruce Willis under a direct contract, without intermediaries. The actor actively participated in the project, coordinated all scenarios of commercials and final materials, "Megafon told Forbes. — We have openly informed the audience about the use of this technology in our advertising. Bruce Willis ' contract has now been finalized."
Experts believe that such a decision can encourage a more responsible attitude to the use of technology, copyright protection, and establishing a clear position on the ownership of intellectual rights to content created by AI. However, they also note that disputes over the rights to works created by AI are gaining momentum all over the world, and there is not always a clear answer to who is the copyright holder of such a product: the user, the AI developer or no one. The case of "Reface Technologies" against "Business Analytics" has become an interesting precedent, but it does not exhaust all the problems.
