Prawo Nowych Technologii

no. 4/2024

“Digital Resurrection”. Artificial Intelligence and the Protection of the Images of the Deceased

DOI: 10.32027/PNT.24.4.6
Anna Wilk
Autorka jest profesorem Akademii WSB w Dąbrowie Górniczej, radcą prawnym
Abstract

The article addresses the issue of protecting the right to one’s image in the context of the phenomenon of “digital resurrection of the dead” using artificial intelligence. This type of content is often generated without the consent of the deceased’s closest relatives, and may also violate their good name by placing their character in a context unrelated to their activity or even derogatory to them. In addition to regulatory issues, such as the obligation to properly disclose content generated by artificial intelligence, the current regulation of image protection requires reconsideration, because it turns out to be unsuited to the dynamic development of technology and does not provide adequate protection of the image and good name of the deceased, as well as an appropriate balance between the protection of these goods and the socially justified interest, e.g. informational or educational.

Keywords
deceased, artificial intelligence, image, personal rights