FENOMENUL DEEPFAKE
THE DEEPFAKE PHENOMENON

Summary/Abstract: Deepfake is a form of Artificial Intelligence (AI), whose algorithms are used to change people's faces from digital content and thus create a realistic-looking fake. Deepfake content was originally only with celebrities, but even ordinary people can create their own deepfake content today. With the wide-spread use of deepfake content, issues such as audience manipulation, attacks on personal rights, violations of intellectual property rights and protection of personal data are becoming more common. Legislators and Big Tech are looking for an effective solution to the growing problem of deepfake. In the field of advertising and media, this phenomenon has grown without limits, and the lack of a legal framework only expands the phenomenon even more. From a legal perspective, the World Intellectual Property Organization ("WIPO") published the "Draft Issues Paper on Intellectual Property Policy and Artificial Intelligence" in December 2019. The project contains deepfake content issues regarding intellectual property rights. There are two questions raised in connection with the deepfake issue in the project: (i) Because deepfakes are created based on copyrightable data, who should copyright a deepfake? (ii) Should there be a system of fair remuneration for people whose likenesses and "performances" are used in a deepfake? WIPO concluded that deepfake can cause much more serious problems, such as the violation of human rights: the right to privacy, the right to self-image, the right to dignity, the right to privacy, the right to the protection of personal data, etc., by no means copyright infringement. In the rest of this article, we will look at the legal options available to the victim of deepfake content.

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