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Notes -
This does not appear to be correct:
"For example, in 2009, in the “Red Hat Club” case, the plaintiff was awarded $100,000 in damages by a Georgia court for a fictional portrayal modeled on her. The “original” claimed that her fictional counterpart, falsely depicted in the bestselling novel as a sexually promiscuous alcoholic who drank on the job, defamed her. From a libel defense perspective, this drawn-from-life portrayal failed, in part, because the author included personal characteristics that made the plaintiff recognizable, and mixed them with other traits that were false and defamatory, but, still believable."
If you can successfully sue because you were portrayed as a slutty drunk in a work of fiction based on you, I suspect you may be able to sue for being portrayed as a child rapist.
It's not a slam dunk, and often fails, depending on how closely the fictional version is recognizable to the original, but it does appear that you can indeed "do shit."
Fair. I'd be interested in seeing what some sort of disclaimer specifically targeting this achieves though, something like "X is quite obviously not a child rapist. There is no evidence that X is actually a child rapist nor is it believable based on all known information about them that they could be one." etc.
I mean, that's one case. There's also this meme about Glenn Beck and the guy who registered a domain for it won his case.
Plus, I don't think this can apply to deepfakes. If I write a fictional story about you doing X, then perhaps that can come with some implication that it's some veiled satire suggesting you might actually do it. But if I make a deepfake, I mean it's in the name. It's fake. It is very clearly not you doing it.
Sure it is entirely unclear how it would work with deepfakes if at all. But the deepfake is presumably recognizable as the subject (as that is the entire point) so you could perhaps get away with deepfaking them having sex as this is something they likely do. If you deepfaked them onto child pornography that might trigger something similar. That is highly speculative though. I suspect different courts and jurisdictions will go different ways.
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A different article says of the same lawsuit:
Indeed, hence why it is not a slam dunk, but it is something.
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