undefined | Better HN

0 pointsJoker_vD4y ago0 comments

From the person who appears to be depicted on it. Not that different from an image being a picture painted by an artist from memory/imagination, honestly. In the end, it basically boils down to having the rights on your appearance.

0 comments

buro94y ago

Yes, but similarity is not uniquely owned... 2 people may have resemblance and one may have given consent. Does the other have a right to demand consent too?

Hypothetical example: A person who happens to look like Boris Johnson (PM of UK) consents to a nude depiction. Does the image require the consent of all other people who have resemblance to Boris Johnson, including Boris Johnson but also extending to people elsewhere on Earth that don't know him but definitely look like him?

If yes... then you have lost control of right on your appearance because now the rights are collectively owned by anyone with a resemblance.

rlpb4y ago

Identical twins might be another example. What happens if one twin wants to make money selling adult content, and the other twin does not consent?

eru4y ago

There are lot of look-alikes in the real world.

I wonder whether saying that you based your nude on Joe Smith who you got consent from, would count as a defense? Even if Joe Smith happens to look like some celebrity that you didn't get permission from.

sierpinsky4y ago

I think this should only work if you could reasonably be assumed to be unaware of the existence of any look-a-likes (including the celebrity) you don't have a permission from.

eru4y ago

I guess you could do something like Clean Room Design. But you'd need go be clever to get around a jury / judge.

https://en.wikipedia.org/wiki/Clean_room_design

1 more reply

j / k navigate · click thread line to collapse

0 comments

buro94y ago

Yes, but similarity is not uniquely owned... 2 people may have resemblance and one may have given consent. Does the other have a right to demand consent too?

If yes... then you have lost control of right on your appearance because now the rights are collectively owned by anyone with a resemblance.

rlpb4y ago

Identical twins might be another example. What happens if one twin wants to make money selling adult content, and the other twin does not consent?

eru4y ago

There are lot of look-alikes in the real world.

sierpinsky4y ago

I think this should only work if you could reasonably be assumed to be unaware of the existence of any look-a-likes (including the celebrity) you don't have a permission from.

eru4y ago

I guess you could do something like Clean Room Design. But you'd need go be clever to get around a jury / judge.

https://en.wikipedia.org/wiki/Clean_room_design

1 more reply

j / k navigate · click thread line to collapse