Actor, who has previously expressed concerns about use of AI in film, tells fans ‘I have nothing to do’ with hoax video

Tom Hanks has warned fans that an ad for a dental plan that appears to use his image is in fact fake and was created using artificial intelligence.

In a message posted to his 9.5 million Instagram followers, the actor said his image was used without his permission. “BEWARE!! There’s a video out there promoting some dental plan with an AI version of me. I have nothing to do with it,” Hanks wrote over a screenshot of a computer-generated image of himself from the clip.

The Oscar winner has expressed concerns in the past about the use of AI in film and TV, although he has not shied away from approving digitally altered versions of himself in film.

  • treefrog@lemm.ee
    7·
    1 year ago

    Is using an actor’s likeness without their permission copyright infringement?

    • anewbeginning@lemmy.worldEnglish
      9·
      1 year ago

      In Portugal the law forbids taking pictures of a person without consent in public places if the person is the main subject(it’s okay if you’re filming something else and the person happens to pass). I used to think it was too limiting a law, but now I think everyone will need this sort of legal protection.

    • Gradenko@lemm.ee
      4·
      1 year ago

      There are rules in Hollywood that they can’t use an actors likeness without permission, but obviously the people who made this ad don’t care about that. I think this is an area the law doesn’t cover yet, although it should.

      Although using fake Shemps was somewhat common throughout the 20th century, Screen Actors Guild contracts ban reproducing an actor’s likeness unless the original actor gave permission to do so, largely because of a lawsuit filed by Crispin Glover — following his replacement by Jeffrey Weissman in Back to the Future Part II — that determined that the method violates the original actor’s personality rights. The method continues to be used in cases, such as Shemp’s, where the original actor is deceased and permission from the deceased actor’s estate is granted.

      https://en.wikipedia.org/wiki/Fake_Shemp

    • BraveSirZaphod@kbin.social
      4·
      1 year ago

      Copyright is very strictly for creative works, which your likeness is not.

      You might be able to stretch trademark law into applying here, but my understanding is that, at least at the federal level, there’s not really much of a legal framework for dealing with this sort of stuff yet. Hopefully we’ll get something soon.

        • BraveSirZaphod@kbin.social
          1·
          1 year ago

          When used for fraud, absolutely. But it can also be used for parody and satire, which is strongly constitutionally protected as free speech.

          A case like this is pretty open and shut since it’s a blatant scam, but what if it was simply a fake Tom Hanks saying political statements he disagrees with? Would someone be able to argue parody? Probably not successfully, but there is a blurry line there. What if you simply had to include a disclaimer that it’s AI generated? Would all content be allowable in that case?

      • FatCrab@lemmy.one
        1·
        1 year ago

        Likeness rights are state based and accordingly vary state to state. As usual with such things, you can just assume CA and NY is the “prevailing” law on it.