“DEEPFAKES AND COPYRIGHT: NAVIGATING LEGAL LANDSCAPES”
AUTHOR – ADV.BINJU SIBY, DOCTORAL RESEARCHER AT CHRIST (DEEMED TO BE UNIVERSITY)
BEST CITATION – ADV.BINJU SIBY, “DEEPFAKES AND COPYRIGHT: NAVIGATING LEGAL LANDSCAPES”, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 502-509, APIS – 3920 – 0001 & ISSN – 2583-2344
ABSTRACT
Deepfakes, a revolutionary yet highly contentious application of artificial intelligence, have transformed the creation and manipulation of hyper-realistic media. These AI-generated fabrications blur the line between reality and fiction, posing significant challenges for copyright law and intellectual property rights. This article delves into the legal complexities surrounding deepfakes across four key jurisdictions: India, the United States, the United Kingdom, and the European Union. A key issue surrounding deepfakes is their copyrightability is whether AI-generated works possess the originality required for legal protection. Since traditional copyright law is founded on the principle of human authorship, the emergence of AI-generated content challenges existing legal norms. Determining ownership over deepfakes adds to this complexity, as multiple parties may be involved, including developer and the user. The lack of clear legal frameworks in many jurisdictions further complicates the enforcement of copyright laws, leaving gaps in protection and accountability for AI-generated media. Beyond copyright, deepfakes significantly impact personality rights, particularly regarding an individual’s likeness, identity, and reputation. The unauthorized use of a person’s image or voice, often for deceptive or malicious purposes, raises ethical and legal concerns. While some jurisdictions provide legal recourse for victims of deepfake misuse, others lack comprehensive protections. To address these growing challenges, legal reforms must balance innovation with accountability. Potential solutions include updating copyright laws to clarify AI-generated content’s legal standing and strengthening personality rights to protect individuals from deepfake exploitation. A robust legal framework is essential to ensure responsible AI use while safeguarding intellectual property and personal identity.Keywords: Deepfakes, Copyright, Personality Rights, Fair Use, Fair Dealing, Artificial Intelligence, Authorship