Oh, Tom Cruise Appears... Unauthorized Celebrity Deepfake Advertisement Emerges

Used by US real estate investment startups... Potential legal and ethical issues arise
Legislation on deepfake is underway... No laws addressing deepfake for advertising purposes

[Asia Economy Reporter Kim Jung-wan] Deepfake video advertisements digitally synthesizing celebrities such as Elon Musk and Tom Cruise without their consent have emerged.

According to the Wall Street Journal (WSJ) on the 25th (local time), recently, the U.S. real estate investment startup RealphaTech showcased an advertisement video synthesizing Musk. In addition, last month, AI machine learning company Paperspace released a promotional video featuring a conversation scene between Cruise and Leonardo DiCaprio, and last year, Russian telecom company Megafon featured Bruce Willis?all deepfake videos created without the consent of the individuals involved.

Deepfake is a term combining deep learning and "fake," referring to AI-based videos that manipulate facial features or voices to appear realistic. From a marketing industry perspective, using deepfake with celebrity approval allows production of related videos without actual appearances, offering advantages such as cost reduction and diverse direction.

However, using deepfake without consent can potentially manipulate celebrities' brands or reputations. Experts point out that as these videos continue to spread and are repeatedly played, legal and ethical issues may arise.

Legislation related to deepfake is also underway in the U.S. Congress. In 2019, the Virginia and Texas state legislatures banned the use of deepfake in so-called "revenge porn" and election campaigns, respectively, while California made both matters illegal.

However, the use of deepfake in advertisements is considered a blind spot due to the lack of specific laws addressing this issue. Both RealphaTech and Paperspace claim they underwent legal reviews by attorneys and took measures to ensure viewers understand that the depicted celebrities did not participate in the production nor endorse the companies' products.

Additionally, RealphaTech argued that the video was produced for satirical purposes and therefore bears no legal responsibility, while Paperspace explained that the video was only exposed on their website to educate about deepfake technology.

Aaron Moss, head of litigation at the law firm Greenberg Glusker, pointed out that Musk's side is unlikely to file a lawsuit, and that some companies might take the risk as being sued could actually increase their brand recognition.

Nevertheless, he stated that if the advertising industry does not regulate the use of deepfake, celebrities may face situations where videos featuring look-alikes appear without their permission.

However, WSJ reported that since deepfake technology shortens content production time and significantly reduces costs, advertisements utilizing it are expected to increase steadily.

This content was produced with the assistance of AI translation services.