Alexey Parfun specifically emphasized that they did not buy Keanu's image:

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n Russia, there is a presumption of the creative nature of works, in other words, unless proven otherwise, a video is considered protected by copyright, explains Yuri Yakhin, senior lawyer in the intellectual property practice at Melling, Voitishkin and Partners. The defendant's reference to the unprotectability of the work due to deepfake technology does not seem strong, Yakhin believes: if the video is original, it is unclear why this technology would mean the loss of protection for the work: "Of course, if the work was created entirely by a neural network, the situation may be different, but in this case, judging ivory coast whatsapp number database by the court's decision, the video was created by flesh and blood authors." He also points out an important point in this case: the defendant was identified thanks to the new advertising labeling by the ERID identifier (or token - a unique code of letters and numbers that must be obtained from the advertising data operator before launching the creative). "This approach simplifies proving violations in cases related to the protection of intellectual property rights," the lawyer believes.

Star face
"This is parody content, the video is humorous, and there is no commercial use in it at all. And it was not planned." At the same time, when asked whether it is necessary to obtain consent to use the image of a famous person in a deepfake, the lawyers answer: yes, it is necessary.

"The creator of such a work is obliged to obtain the consent of a famous person to use his image. Potentially, Keanu Reeves' rights have been violated by this video, but this is not a reason to refuse a claim for protection of exclusive rights in relation to the company that borrowed the video," says Yaroslav Shitsle, head of the IT&IP Dispute Resolution department at the law firm Rustam Kurmaev and Partners. Yuri Yakhin agrees with him.

However, today the use of deepfakes in advertising is one of the main applications of this technology. The Russian market already has striking examples of business cooperation with world stars. Thus, in August 2021, Megafon presented a multi-part advertising series in support of the launch of new tariffs. The main characters of the videos were Bruce Willis and comedian Azamat Musagaliev - they played special agent partners who defuse a bomb. As Forbes wrote, Willis did not even have to fly to the set - his character for the video was drawn by neural networks using face generation technology.

"We collaborated with Bruce Willis under a direct contract, without intermediaries. The actor actively participated in the project, agreed on all the scripts for the videos and the final materials," Megafon told Forbes. "We openly announced to the audience that we were using this technology in our advertising. The contract with Bruce Willis has now been completed."

"The fee for actors of this level for an advertising project can be several million dollars, but it is not only the money that is important here, but also the desire of the artist to participate in the project, understanding of him and his team, whether they share the values ​​of the brand. None of the world-class artists are ready to advertise anything just for big money," says Alexander Zarshchikov. At the same time, we see quite a few examples of how deepfakes with famous people are used for fun, he continues: "For example, no one touches the creators of the video where Elon Musk sings the Soviet song "Grass at Home." And the original video with Keanu Reeves and an iron was apparently created for entertainment purposes."