TALECRAFTERS
GLOSSARY · ETHICS

LIKENESS RIGHTS

A person’s control over the commercial use of their appearance, which generative production engages far more often than a photoshoot does.

ALSO CALLEDimage rightspersonality rights

Photography captures a likeness. Generative production manufactures new ones, which is a different act and generally needs a different permission. A release drafted for the first does not usually authorise the second.

The exposure is not limited to deliberate use. A wholly synthetic face generated from a demographic description will occasionally land close to a real, identifiable person, particularly in a small market, and the legal position is much the same as if it had been intended.

The dull mitigation works: run a reverse image search on any synthetic identity before it enters production, and keep a written record that you did. It is ten minutes against a claim you cannot easily defend.

QUESTIONS PEOPLE ASK

Does a photography release cover generative use of someone’s likeness?

Usually not. It grants use of captured material. Generating new material the person never performed is a distinct act, and the permission has to name it.

What if a synthetic face accidentally resembles a real person?

The exposure is broadly the same as if it were deliberate. Reverse image search the final identity before production and record the result.

THEORY IS FREE

Knowing the word is the cheap part.

Running it on a deadline, at volume, without burning the budget is the expensive part. That is the bit we do.

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