Artificial Intelligence and the use of a deceased person's image and voice By Mariana Valverde August 16, 2023 Mariana-Valverde-2-e1692215342270
With the advance of resources involving Artificial Intelligence, it is already possible to produce advertising content using the image and voice of deceased people. In Brazil, we recently experienced this type of production in an automobile brand's television commercial involving the image and voice of singer Elis Regina, who died in 1982. This innovation has brought up discussions about the protection of the personality rights of deceased persons, especially with regard to post-mortem use and the use of artificial intelligence resources.
Currently, the use of a deceased person's image must be authorized by their heirs, spouse, ascendants and/or descendants, according to article 20 of the Civil Code. However, the authorizations commonly granted were for the use of old photographs and/or videos, and until then it was unthinkable to create new images, videos and audios containing the deceased.
With a view to protecting privacy and preserving the dignity of the individual after death, Senator Rodrigo Cunha (Podemos/AL) presented Bill 3592 of 2023, which aims to establish guidelines for the use of images and audios of deceased people through artificial intelligence. The bill initially consists of just eight articles, which, in short, establish that:
- The use of a deceased person's image through AI requires the prior consent of the living person or, in their absence, their next of kin;
- Consent must be specific and set out the purposes for which the image or audio will be used;
- Heirs can refuse to use the image via AI even if consent has been given previously;
- The expression expressed in life prohibiting the use of post-mortem images via AI must be respected;
- The use of the image and voice via AI for legal purposes, such as criminal investigations and legal proceedings, can be used, provided it is authorized by the competent authorities;
- Advertising campaigns that use images or audio produced by AI must contain the message "Advertising Using Artificial Intelligence".
The regulation is indeed necessary and urgent, but the bill needs to be supplemented to fill in gaps and provide certainty for its application, especially with regard to the revocation of authorizations expressed in life and the definition of the line of succession for authorization.
Mariana Valverde, lawyer specializing in Intellectual Property, partner at Moreau Valverde Advogados.
Author: Mariana Hamar Valverde
Date: 16/08/2023
[Link to original article](https://tiinside.com.br/16/08/2023/inteligencia-artificial-e-uso-de-imagem-e-voz-de-pessoa-falecida/)