Who am I able to create profiles of?
This post helps you understand how you can use deepshot's technology safely, follow best practice, and respect our terms of service. What constitutes a lawful use of our software may vary depending on who created the content you are reusing, where you are located and where you publish your materials. This guide describes what constitutes safe uses of deepshot in most countries, with a focus on countries in the European Union and the United Kingdom.
When you use deepshot you upload recorded voice and visual content, and our model creates their digital representation. You can then use this digital representation to generate fully synthetic videos.
While videos made by deepshot sound and look similar to their uploaded profiles, they are not technically identical to the materials you have uploaded.
Profile Creation: how not to get sued
- Obtain Consent Always ensure that you have explicit consent from the person whose voice or likeness you want to create a profile of. This should be in writing to avoid any misunderstandings or disputes. Consent should be given freely and should cover the intended purpose of the profile creation and usage. If the person revokes their consent, respect their wishes and remove their profile from deepshot.
- Avoid using copyrighted content To protect yourself from copyright infringement claims, do not use copyrighted visual or voice content without the permission of the copyright holder. Always check the copyright status of any materials you want to use in your deepshot profile. If you're unsure, seek legal advice or choose a different source.
- Respect privacy When creating profiles, respect people's privacy and avoid using any personal information without their consent. This includes data such as names, addresses, phone numbers, or any other personally identifiable information. Additionally, do not create profiles of minors without parental consent.
- Public figures While public figures often have fewer privacy rights, it's still important to exercise caution and respect when creating profiles of them. Be mindful of the intended use of the generated videos and whether they might be considered defamatory or invasive of their privacy. Always err on the side of caution.
- Comply with local laws Different countries have different laws regarding privacy, defamation, and intellectual property. Familiarize yourself with the laws in your jurisdiction and ensure that your use of deepshot complies with them. If you're unsure, consult a legal professional for advice.
- Don't create harmful content Do not use deepshot to create content that promotes hate speech, discrimination, harassment, or any other harmful or illegal activities. This violates deepshot's terms of service and could also result in legal consequences.
- Be transparent When sharing or distributing synthetic videos created using deepshot, be transparent about the nature of the content. Clearly disclose that the video is generated using AI and is not an authentic recording of the person in the profile.
By following these guidelines, you can minimize the risk of legal issues and ensure that your use of deepshot is both ethical and compliant with the law. Remember, it is always better to err on the side of caution when dealing with sensitive information, and if you are ever in doubt, seek legal advice.
Can I create profiles of people without their consent?
In limited circumstances, Using someone's likeness and image without their permission is only possible if you respect certain, strict conditions:
- First You must ensure that the act and purpose of creating the deepfake fit the legal definition of "personal use and private research", "education", "parody and satire", and "artistic or political speech", which are narrow in scope. We describe what each of these phrases mean below.
- Second The content you create and share cannot impact the economic interests or tarnish the reputation of the person whose likeness has been used.
- Third The content you create cannot engage in harmful, discriminatory, or hate speech as defined by law. You should also respect the privacy of the person whose likeness you are replicating.
It is also important to credit your sources and disclose that content has been manipulated. Be sure to review the sections on "Crediting your source materials" and "Disclosing content manipulation" to learn more about these practices. Remember that using deepshot's technology ethically and legally is crucial in order to respect the rights and privacy of the individuals involved.
Personal Use and Private Research:
Parody & Satire:
Expert Commentary and Documentary Filmmaking:
Artistic and Political Speech:
Determining Intellectual Property Rights for Source Materials
Determining whether rights apply to the source materials you want to use for your deepfake project is crucial to ensure you are abiding by the law and respecting intellectual property. To find out if rights apply to your chosen source materials, follow these steps:
- Look for copyright notices Check the source materials for any copyright notices or symbols (©) that indicate ownership. This information is often found in the credits, descriptions, or packaging of the content.
- Research the author or creator Investigate the author or creator of the source materials to determine if they still hold the rights to their work. Keep in mind that copyright protection lasts for a specific duration, which varies depending on the country and type of work.
- Check for public domain status Some works may have entered the public domain, meaning that their copyright protection has expired or been waived. Public domain materials can generally be used freely without obtaining permission. Be cautious, though, as public domain laws may vary between jurisdictions.
- Investigate Creative Commons licenses Many creators choose to release their works under Creative Commons licenses, which allow others to use their materials under specific conditions. Look for a Creative Commons license attached to the source materials and make sure to abide by its terms.
- Contact the copyright holder If you are unsure about the rights associated with the source materials, try reaching out to the copyright holder directly. They can provide clarification on the usage rights and may grant you permission to use their work.
- Seek legal advice If you are still uncertain about the rights that apply to the source materials you want to use, consult a legal professional who specializes in intellectual property. They can help you navigate the complexities of copyright law and ensure that you are using source materials legally.
By taking the time to understand the rights that apply to your chosen source materials, you can create deepfakes responsibly and avoid potential legal issues. Always remember that respecting intellectual property is an essential aspect of using deepfake technology ethically.
Intellectual Property Rights
When using deepshot's technology, always consider the ethical implications of your actions. Ask yourself whether the content you are creating could be potentially harmful, misleading, or offensive. Be mindful of the potential consequences of sharing content made with deepshot, especially if they involve sensitive topics or individuals.
Consider the impact your content may have on the person whose voice or likeness is being used, as well as the broader community. Strive to create content that is respectful, responsible, and in line with your values and principles.
Monitor Changes in Legislation
Laws and regulations surrounding this technology are continually evolving. Keep yourself informed about the latest legal developments in your jurisdiction, and adapt your practices accordingly. This will help you stay compliant with the law and avoid potential legal issues.
Obtaining Permission to Use Third-Party Content
When you want to use someone else's content in your deepfake project, it is important to obtain their permission. To request permission, follow these steps:
- Identify the rights holder Determine who holds the copyright or other intellectual property rights for the content you want to use. This could be the creator, an organization, or a third-party licensing agency.
- Draft a permission request Write a clear, concise, and polite request that outlines your intentions. Explain the purpose of your project, how the content will be used, and the scope of the permission you are seeking. Include details such as the intended audience, distribution channels, and duration of use.
- Provide context Share examples or mock-ups of your project to give the rights holder a better understanding of how their content will be incorporated. This can help them make an informed decision about granting permission.
- Specify terms Many creators choose to release their works under Creative Commons licenses, which allow others to use their materials under specific conditions. Look for a Creative Commons license attached to the source materials and make sure to abide by its terms.
- Be prepared to negotiate The rights holder may propose alternative terms or request additional information. Be open to discussing their concerns and finding a mutually beneficial agreement.
- Get written consent Once you have reached an agreement, obtain written consent from the rights holder. This can be in the form of a signed letter, email, or a legally binding contract. Having written consent can help protect both parties and prevent misunderstandings or disputes.
- Keep records Maintain a record of all correspondence and agreements with the rights holder. This documentation can be useful if any questions or issues arise in the future.
By following these steps and engaging in a respectful, professional dialogue with the rights holder, you can secure permission to use third-party content in your deepfake project while adhering to ethical and legal standards.
What happens if you violate our policies?
If you violate our policies or terms of service, we may suspend or terminate your account. If this happens, you may lose access to projects you’ve created through your account and we may not allow you to create a new account.
We may also report any illegal activity in accordance with applicable laws to the authorities or work with authorities on further action.