Novel AI Face-Swapping App Challenge Can Resume in Federal Court

December 5, 2024, 9:01 PM UTC

A novel lawsuit that targets artificial intelligence-generated “deepfakes” will resume in California federal court after an appeals panel affirmed a judge’s finding that a reality TV contestant’s right of publicity claims aren’t pre-empted by federal copyright law.

“Big Brother” contestant Kyland Young plausibly alleged that an AI face-swapping app knowingly used his name or likeness, the panel in the US Court of Appeals for the Ninth Circuit ruled Thursday. The Reface app has a database of videos and images that users can search to “become him.”

Young also properly claims that Neocortext Inc.'s placement of watermarks on face-swapped media advertises ...

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