Undawntech: Emergence of the Engineered Reaction

Like any other right we exercise, technology is no different. Our right to do something is balanced by our innate responsibility. Meaning: just because you can do something, should you do it? What are the ramifications? What is the legal perspective?

In recent weeks, technology has been used in an unscrupulous fashion. From images to videos, prominent figures in society are being defamed for clickbait. Clickbait is emotional advertisements that invoke a strong reaction like anger, hate, surprise, shock, and even curiosity. If you feel impassioned by a headline and its imagery, then it is best to steer clear of that link. This manipulation is milking the public for money without adding anything positive to culture.

Let’s say that you are an actor or musician in the public eye. Your identity is your source of notoriety and income. The public buys your products because they enjoy your style, image, and music or movies. The actor or musician also has contracts with production companies, record labels, agents, and others in their industry that bank on that specific style, image, and product. Many contracts have legal clauses, which prohibit any deviation from the artist’s public persona, as well as morality terms. A public figure has a vested interest in keeping the status quo.

If someone creates an Artificial Intelligence (A.I.) image of an inappropriate nature, then the creator of said image has defamed you. Imagine that you are a young, female popstar with an innocent, wholesome image, but someone creates an A.I. representation of you as a blood-soaked, slut, then the generator of said image has defamed you as an artist. The same goes with male actors, who are purported to say or do something on video that is not them.  

The term “defamation” means any action or other proceeding for defamation, libel, slander, or similar claim alleging that forms of speech are false, have caused damage to reputation or emotional distress, have presented any person in a false light, or have resulted in criticism, dishonor, or condemnation of any person.

www.law.cornell.edu/uscode/text/28/4101

The First Amendment protects speech and freedom of expression, but not defamation, be it libel or slander. A public figure owns their appearance and likeness, public image, and other copyright and trademark rights. The First Amendment states:

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

www.law.cornell.edu/constitution/first_amendment

If you would like to state unfavorable political, religious, social, or other views, then your right to say or write them is protected speech. Hate speech, which this fascistic phrase is not a legal term, is covered by the Bill of Rights. The right to speak, even to be silent (Miranda Rights), are both covered by the First Amendment. Comedy, as well as parody (Spaceballs) and criticism of another’s works (Book & Movie Reviews), are preserved as a right.

Nevertheless, the First Amendment does not cover every facet of speech or expression. For instance, freedom of speech does not grant someone the right to shout fire in a crowded theater, or threaten the health and safety of other people (fighting words). Pornographic materials created with minors is unprotected speech and expression (child pornography). Reckless disregard for facts and truth about a public figure is considered defamation (malice). Other actions unshielded by the First Amendment include: obscenity, perjury, blackmail, incitement (to be lawless), solicitation (to commit a crime), fraud, and plagiarism.

www.britannica.com/topic/First-Amendment/Permissible-restrictions-on-expression

In the age of technology, users must understand and navigate the legal framework of their rights, including speech and expression. What does the creative community do in an ever-changing landscape of expressive and innovative technology? First, read the law. Next, research case law. Both of these legal avenues will help creators create with peace of mind.

Copyright in the United States as a general rule is the death of the artist, actor, musician, et al., plus seventy years. If you would like to delve into the entirety of the law, visit the U.S. Copyright Office: www.copyright.gov/title17.

Besides laws to govern new technology, the best way to balance rights and responsibilities is to ask yourself: would I like someone doing that to me, my works, or my copyright/trademark? If the answer is no, then you have found the legal threshold.