Elaine from 'Seinfeld' and the mannequin that looked like her:
Appropriating a person’s likeness could easily be a tort, but appears not to be criminal, especially if the nude bodies are AI and not actual photographs. It’s certainly not a nice thing to do to a young girl. Harassment laws are frequently used in these cases, although constitutionally dubious. If they never intended the girls to see such images, a case for harassment would likely fail. Criminal laws are no replacement for basic decency and civility.
All I know is a lot of lawyers are going to get rich from all this.
Appropriating a person’s likeness could easily be a tort, but appears not to be criminal, especially if the nude bodies are AI and not actual photographs.
If the AI picture started as a real photograph, then it would be considered appropriation of the original work product of the person who took the picture. See Andy Warhol Foundation For The Visual Arts, Inc. V. Goldsmith Et Al., Supreme Court of the United States, No. 21–869. Argued October 12, 2022—Decided May 18, 2023
As to whether they fall under the SC’s definition of obscenity, they do not as non photographic material was not part of the obscenity case.
Criminal laws are no replacement for basic decency and civility.
Well Said.
Elaine from 'Seinfeld' and the mannequin that looked like her: