How Bruce Willis' Deepfake Indicates a Big World Problem

A big problem that started to be talked about abroad is a deepfake de Bruce Willis that allowed the actor to return to acting – at least in a digital form.

If you've lost the thread, the great artist who starred in movies like Hard to Kill, Closed body, The sixth Sense and so many more have been diagnosed with aphasia. The company deepcake managed to change this in an assertive way, but there is a big problem imminent if the regulation of the use of this technology is not done as soon as possible. Understand the case fully right now.

What is aphasia?

In May 2022, the actor known worldwide for a series of works for TV and cinema announced his departure from the spotlight and productions due to having discovered a disorder that prevented him from acting. THE aphasia happens after a stroke, but it can also be caused by brain tumors, encephalitis, traumatic brain injury and more.

In general, if a person works directly with communication, then he needs to put that aside because his body can no longer act in the same way as before. It is important to remember that the aphasia there is no cure, but treatment can help the diagnosed person to have a day to day with mild symptoms.

Bruce Willis returns to acting despite communication problems

Before that, we need to talk about what a deepfake is: this is a mixture of the term Deep Learning (“Deep Learning”, in Portuguese) and Fake (“Falsidade”, in Portuguese) that refers to any video or image in which a face is replaced by the face of other people.

To be able to use anyone's image for advertising purposes or not, a company necessarily needs prior authorization (celebrities usually charge a fee for this). But many times, a simple signature already allows the image to be used.

And that's what happened with the image of Bruce Willis: despite his publicity denying that the actor's image was sold to a deepfake company, he appeared in this Russian commercial for Russian mobile telephony MegaFon, alongside the Russian actor Azamat Musgaliev, attached to a missile. Watch:

Published in August 2022, three months after Bruce Willis having announced that he was diagnosed with aphasia, the video itself did not have an image sale, but the company that created the deepfake states on his website that the actor gave his consent for a digital twin to be created and images and voice for that were used. There is a comment by the actor on the website of deepcake:

“I liked the precision with which my character turned out. It's a mini-movie in my usual action-comedy genre. For me, it's a great opportunity to go back in time. With the advent of modern technology, even though I was on another continent, I was able to communicate, work and participate in filming. It's a very new and interesting experience, and I thank our entire team.

Bruce Wilis on using deepfake for a TV commercial

Why is this such a big problem for the world?

Film and TV industry unionists point out that the big problem with celebrities being used as a deepfake is that once a company has what it takes to create a digital twin, the sky is the limit.

And that can also cause problems for Anonymous. In the US, the problem is even greater because companies that take care of deepfakes are protected by the first amendment. There are many laws that vary from state to state, but in the end, a company cannot be fined “just for creating the deepfake” for the speech is merely false. There needs to be an additional problem for the authorities to be triggered.

A company like deepcake you can even create a digital twin of people like you or me, promoting a service or product without prior authorization, but in this case, there is the possibility of filing a lawsuit in court, as there is the use of the image to earn money.

But if a video is created on the internet and released on the internet only as non-professional material, the company would have no problems with US law. In other words: in the country with the largest economy in the world, there is still no law that regulates deepfake companies. The problem is greater when a person gives broad consent to the use of deepfakes, according to the director of the SAG-AFTER (Screen Actors Guild-American Federation of Television and Radio Artists):

This is relevant not just for AI contracts [for synthetic performances], but any contract involving rights to someone's image and voice. We have seen contracts that now include 'simulation rights' to the artists' images, voices and performances. These contractual terms are deeply buried in the cliché of performance deals in traditional media.

Danielle S. Van Lier, Assistant General Counsel, Intellectual Property and Contracts at SAG-AFTRA

Danielle also remembers the great risk of celebrities using deepfakes as a form of profit and ending up opening up for everything to be done with their images and voice.

Although many never become 'famous', their names, voices, likenesses or likenesses still achieve commercial value. Commercial opportunities for synthetic performances – an actor's voice used in an automated audiobook or appearing as a digital avatar abound, so SAG-AFTRA is moving away from the term deepfakes – and its association with pornography – to terms like “twin”. digital” or “AI-generated”.

Danielle S. Van Lier, Assistant General Counsel, Intellectual Property and Contracts at SAG-AFTRA.

Still talking about the US, a 2020 New York law managed to carry out some legalization on the use of deepfakes of famous people who have passed away. Families are able to sell the deceased's image rights to generate income for family members, who are often left with many bills to pay.

The ability to license and pass on this ownership interest provides an important source of income for these professionals and their families. Licensing allows creative professionals to work with entities and individuals with technological, financial and legal expertise and maximize asset value.

Danielle S. Van Lier, Assistant General Counsel, Intellectual Property and Contracts at SAG-AFTRA.

How is the legalization of deepfakes going in Brazil?

According to data from the Public Agency, in 2020, Brazil was the second largest audience for apps that created videos of celebrities in unusual situations. Even so, there is still no law of its own that inspects and mainly punishes people who companies use modified videos without prior authorization. The work still ends up being done by bodies responsible for a specific issue or even companies that know that deepfakes can be a problem.

One of the most recent cases was that of the journalist Renata Vasconcellos during the first round of the 2022 Elections. In Jornal Nacional, the journalist read the results of voting intentions for the president of the republic from a survey carried out by the ipec (Cananéia Research Institute).

The real video without manipulations can be watched below and you can see that Squid was with 44% of voting intentions and Jair Bolsonaro reached 32% among those interviewed. In the modified video, the information was inverted: Jair Bolsonaro reached 44% of the votes and Lula stagnated with 32% of the voting intentions. Watch:

The amended video was sent as an attachment to a report to the Disinformation Alert System Against Superior Electoral Court Elections (TSE) and in the Public Prosecutor's Office (MEP).

In any case, it is important that authorities around the world create a true code with sanctioned laws, before the use of deepfakes become even bigger and everything gets out of control. It is an imminent problem that can still be avoided, but everyone must act now so that the causes are not immeasurable.

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Sources: WIRED l Public Agency l Albert Einstein Hospital