this post was submitted on 26 Aug 2025
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[–] merc@sh.itjust.works 18 points 2 days ago (2 children)

This is a bit weird since normally copyright applies to works that someone has created. Typically they also have to involve creativity. For example, you can't protect a database with copyright, nor can you protect the rules of a game. But, you can protect the text used to explain the rules since that is something creative.

Your voice and body aren't typically seen as creative works. They're just the result of a genetic lottery played by your parents. But, I can vaguely see how you might be able to twist the typical rules to make it count. For example, people decide on hair styles and grooming. They choose their clothing and sometimes make-up. There is a creative process there and their body is the canvas. With that kind of concept of a body being a "creative work", any photograph of that body becomes a derivative work, as would any AI version of that person.

But, this seems like the wrong approach to me. If someone has a copyright on their body, then under typical copyright rules, they can assign their copyright to someone else. Most likely, a model would have to assign the right to her body's copyright to a modelling agency. After she did that, she couldn't even take a selfie because she'd be infringing on the modelling agency's copyright.

Privacy rules make more sense, look at Germany's photographic privacy laws for example.

If the focus is on copyright, then if someone sneaks a camera into a changing room, they can only be charged with copyright violations. If they give the photos away for free, then in many cases the punishment for copyright infringement is minimal. But, if the laws are about protecting privacy, then it doesn't matter if it was a commercial copyright infringement or if it was simply collecting someone's nude photo for personal use. The issue isn't the copyright infringement, it's the privacy violation.

[–] onslaught545@lemmy.zip 7 points 2 days ago (1 children)

You don't have to assign the copyright to someone else for them to use it. You can license them to use it.

[–] merc@sh.itjust.works 2 points 2 days ago

Sure, but that's not how it tends to work. That's why there are all these stories about singers being mistreated by their record labels. The record labels could just license the works from the artist. But, that gives the artist some control. Record labels much prefer a situation where they're fully in control, and own everything the artist produces. It's typically only the top 0.1% of music acts that are so powerful that they're able to take control over their own output and license it instead of simply assigning the copyright.

I'm sure it would be the same for modelling if there was a copyright to someone's body. The modelling agency wouldn't want to risk that the model could go to a rival agency. A standard modelling contract would then involve assigning the rights to the model's body copyright to the modelling agency, and only the most powerful and in-demand models could possibly resist that and keep their rights and only license their images.

[–] nihilomaster@lemmy.world 3 points 2 days ago (3 children)

I can only assume that this has to do with international law. Copyright is pretty well protected and has a huge lobby behind it. Whereas nobody actually seems to care about privacy.

[–] freeman@sh.itjust.works 2 points 2 days ago

More like they want to push copyright enforcement/expansion by using something people care about. Similar to "think of the children".

They did try to push copyright as a solution to revenge porn, in effect pushing a private alternative justice system based on DMCAs and payment processor blackmail.

We should get bespoke laws to deal with deepfake problems.

[–] 6nk06@sh.itjust.works 1 points 2 days ago

Copyright is pretty well protected

Meanwhile Facebook downloaded Anna's Archive without any problem.

[–] merc@sh.itjust.works 1 points 2 days ago (1 children)

You might think that, but try using Google's Street View in Germany. Almost the entire country is unavailable due to their privacy laws.

[–] wdx@feddit.org 1 points 2 days ago (1 children)

that was the case a couple years back. Germany is now pretty well-covered by Street View

[–] merc@sh.itjust.works 1 points 2 days ago

Ok, I haven't really looked in years. Did they change the privacy laws, or did Google just change how it was collecting pictures?