Copyright and Synthetic Media: Legal Responses to Deepfakes, Digital Replicas and Unauthorized Creative Manipulation
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Abstract
The development of synthetic-media technologies has enabled increasingly realistic manipulation and generation of images, audio recordings, videos, and other forms of digital content. These technologies may provide valuable creative and commercial opportunities, but they can also facilitate unauthorized reproduction, transformation, and exploitation of existing creative works and recognizable individuals. The legal consequences of synthetic media are therefore increasingly relevant to copyright law, publicity rights, trademark protection, and related areas of intellectual property. This article examines the copyright implications of synthetic media and evaluates whether existing legal doctrines provide adequate protection against unauthorized digital manipulation. The analysis considers the creation of derivative works, reproduction of protected content, substantial similarity, transformative use, and the incorporation of copyrighted material into synthetic outputs. Particular attention is given to circumstances in which artificial intelligence systems generate content that closely resembles existing artistic works without reproducing them identically. The article further examines the evidentiary challenges associated with establishing the origin of synthetic content and determining whether a particular output was derived from protected material. The rapid circulation of synthetic media through social networks and digital platforms also raises questions concerning intermediary responsibility and the availability of timely remedies. Comparative analysis indicates that existing copyright systems provide potentially relevant doctrines but were not developed specifically for highly automated forms of content generation and manipulation. The article argues that copyright law should respond to synthetic media through carefully adapted principles rather than creating unrestricted control over stylistic similarity or technological experimentation. It proposes stronger provenance mechanisms, transparency requirements, and targeted remedies for demonstrable unauthorized reproduction or transformation.
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