If the prompt includes “Taylor swift” or an image of her. Then it doesn’t matter if the AI slightly changed it, it used her likeness to generate the image and so she should have rights to the image and the ability to claim damages.
The same thing should apply to using deepfake porn AIs to make non consensual nudes of private person, or heck manually creating nonconsensual deepfake nudes should also fall under the same definition
This is not how it works. Paparazzi that take her image own the rights to the image. Not Taylor Swift. They make the money on the image when they sell it and Taylor Swift gets nothing out of the sale and has no rights on that transaction. If you’re in public you can be photographed. If a photographer takes an image and releases it to public domain, the subjects of the image will have no say in it unless the photographer broke some other law. (Eg peeping Tom laws or stalking)
I believe that your statements are only true for public figures. I’m pretty sure non-public figures retain the right to photos of themselves (unless they aren’t the main subject in the photograph).
Negative. Go take headshots at a photo place. You don’t have the right to make copies of your own headshot without permission from that photo place. Your own headshot would literally be you as the primary subject. Yet you still don’t have rights to it unless your contract with that photographer says otherwise.
https://www.avvo.com/legal-answers/who-owns-the-copyrights-for-headshots--1029175.html
In your own link the first answers even states it…
The photographer is normally the sole owner of the copyright in the photograph.
Subjects having any rights to the photo is rare, short of other laws being broken.
Edit: Hell my own kids school pictures. I have to purchase a digital copy of the photo to get a release from the company to make my own prints. EVEN ON MY OWN PRINTER.
