Q: if someone were to make deepfake of both video and audio version of me, would that count as impersonation?
if somebody, were to make deepfake videos, and deepfake audio of me, with the intent of malicious intent of harming my reputation, would that count as impersonation?
A: It might be many things, depending on the facts. First, DC and Virginia are "one-party" audio recording jurisdictions, where only one person (the recorder) needs to consent to it, unlike in Maryland where it is illegal to make an audio recording of someone else without their actual knowledge and consent to being recorded. Video in a public space without audio is not so restricted, but depending on the facts, surreptitious video recording could qualify as a form of invasion of privacy, harassment and/or stalking. Creating deepfake photos and videos or any form of defamatory, humiliating or derogatory materials out of the your voice or likeness, may qualify as libel, slander, defamation of character, harassment or stalking, and in particular if of a sexual or pornographic nature, may qualify as criminal offenses in addition to civil offenses depending on more details and facts. Any video surveillance in an area where you have a reasonable expectation of privacy would also generally qualify as either a crime or civil offense. Applying revenge port criminal statutes to deepfakes has proven problematic on First Amendment grounds because the language of such statutes, even when written to address such materials, are often too broad and would prohibit even benign or artisitic non-sexual deepfakes, so to date most revenge porn statutes only apply to actual photos and video of the person depicted in them. There may be copyright and identity theft, or usurpation of commercial or professional likeness, actions that apply in some instances relating to use of your image or likeness. If someone is publishing images containing your likeness without your consent, you can have a lawyer send a "take-down" letter under the DMCA to the offending website, send a cease and desist letter to the person posting the materials, file for a peace order or for protection from domestic violence order based on harassment, sue for an injunction, sue for civil damages on one of the grounds listed above, or depending on the content, have a lawyer or police review it for whether it meets the definition of a crime and bring criminal charges. Civil lawsuits can be quite expensive, and damages depend on many factors and may be both hard to prove and/or hard to collect if successful.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.