Dirk Visser: Unclear what Taylor Swift will achieve with trademark rights
In the media image: Unsplash+
Taylor Swift wants to stop people from creating AI-generated images and audio of her. Dirk Visser, Professor of Intellectual Property Law, says it is unclear whether this will have any effect.
Taylor Swift is applying to trademark her voice and appearance. Visser explains on Dutch NPO Radio 1 how that works: 'It means that you register an image of your face and a recording of your voice with a trademark agency – like a trademark for products or services – in the hope that you’ll be able to ban certain activities.'
Using Taylor Swift’s appearance is already covered by portrait rights. So, no one can simply use Swift’s face to sell something, for example. However, portrait-rights laws differ from country to country. Visser: ‘In most countries, you can already object on the basis of other rights. The big question is whether trademark law will add anything, but it is an attempt in the fight against deepfakes. We’ll have to wait and see whether it works.’
It is uncertain whether registering her voice and appearance will act as a greater deterrence than the current portrait rights. It will also be difficult for Swift to take action against every single video that is published online. Visser adds that the responsibility to remove these fake videos should lie with the tech companies.
More information?
Watch the item on the NOS (from 19:00, in Dutch).
Listen to the item on NPO Radio 1 and NPO Radio 2 (in Dutch).