For the first time, a Russian court recognized a deepfake as an object of copyright – Kommersant

For the first time, a Russian court recognized a deepfake as an object of copyright – Kommersant

The Moscow Arbitration Court ordered the Business Analytics company to pay compensation in the amount of 500 thousand rubles. "Reface Technologies" for the use of a deepfake video created on its order with American actor Keanu Reeves. This is the first such decision for a Russian court. Case There is in the court file, TASS drew attention to it.

Business Analytics used for its own purposes a deepfake video that Reface Technologies ordered from Agenda Media Group (AMG). The video lasts half an hour. In it, actor Keanu Reeves checks several times to make sure he has turned off the iron before leaving the house. He takes a photo of the iron, but at the end of the video he leaves the apartment with the iron in his hand. Business Analytics, which downloaded this video from the Internet, did not have the rights to it, so Reface Technologies went to court, demanding compensation for violation of the exclusive right.

Business Analytics did not agree with the plaintiff’s demand, since, according to its management, a deepfake cannot be considered an object of copyright. But the court rejected the defendant’s arguments and ruled that deepfake technology is an “additional processing tool” for video, and not a method for creating it. The court's decision states that the use of such technology cannot indicate that the video can be used without the consent of the copyright holder or that the creators of such a video are not its authors.

The court upheld the claim of Reface Technologies. The case was considered through summary proceedings, and the court decision is subject to immediate execution. “Business Analytics” must also pay a fee of 13 thousand rubles.

Reface Technologies creates deepfake videos and posts them on social networks, and Business Analytics develops software.

Anastasia Larina

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