Upphovsrättens paradigmskifte i eran av den fjärde industriella revolutionen - En studie om metamorfos av upphovsmannarättens föremål och personlig integritet i ljuset av deepfakes

Sammanfattning: In today's era, the fourth industrial revolution, we are facing a new technological reality. AI technology’s ability to, almost identically, simulate the voices of existing individuals in AI-generated works raises fundamental copyright issues about what should truly be protected by copyright. Additionally, concerns arise regarding the protection of personal privacy when AI technology enables commercial use and online distribution of personal attributes beyond an individual's control. This phenomenon creates conflicts between promoting innovation, creativity, and competitiveness, on one hand, and protecting the right to personal privacy and the interests of the creator, on the other hand. With a focus on the individual whose voice is exploited, the thesis aims to examine the extent to which the protection of copyright objects extends, as well as which personality rights that are implicated in relation to the generating and distribution of deepfakes in the music industry. This is done through a legal dogmatic method. A work that meets the CJEU's harmonized originality criterion should be encompassed by copyright protection. An examination of the meaning of this originality criterion has been conducted based on legislative materials, EU legal practice, and doctrine to assess the extent of protection for the subject matter of copyright. Considering the purpose and values of protection within the scope, there seems to be no limitations in the legal system or substantive content of the field of law that would prevent the artistic expression of a singing voice from being classified as a "work" and thus eligible for copyright protection. The very comprehensive right to privacy, as difficult to define, have not yet received a definite solution. It can be described as a right to a private sphere protected from physical and mental intrusions. The individual's interest in integrity is mainly expressed in Swedish law through material provisions in ordinary law, while there is no general legally effective protection for the individual's privacy in the Swedish Constitution. However, the European Convention has become an integral part of Swedish law and provides both a negative obligation to refrain from interference in the protected right and a positive obligation to take measures to protect the individual's private sphere and prevent infringements committed by one legal subject against another. Article 8 of the European Convention support the protection of the right to privacy. From legislative materials, doctrine, and practice of the European Court, an examination of the stated scope of protection has been carried out to assess the extent of protection for personal privacy. Given the wide scope of interpretation of this right, the right covers a multitude of values worth protecting. In relevance to the purpose of this thesis, Article 8 is considered to imply a requirement for protection against the use of someone else's name and identification data. Preparatory legislative materials emphasize that a significant part of personal integrity consists of the right to one's name, image, and other characteristics belonging to a specific individual. The right to self-determination is, in these respects, of great importance. However, in Swedish law, the starting point is the opposite due to our extensive principle of publicity and freedom of speech. Hence, information can be used freely unless otherwise provided by law. In Swedish legislation, a specific protection for personal integrity in commercial contexts exist, namely the Act (1978:800) on Names and Images in Advertising. However, the scope of the law cannot be considered applicable to the current situation. Thus, the Swedish personality right do not seem to provide protection for personal privacy in the context of deepfakes.