As a term that went viral in the past year, “deepfake” is fake videos or audio recordings look and sound just like the real thing. Powered by artificial intelligence, deepfakes are created using increasingly sophisticated deep learning technology that allows face editing in videos.
With a convincing deepfake app went popular recently, it seems that the technology is becoming more and more accessible to the public. In the meanwhile, the risk of the technology being used as false propaganda or defamation caused it to be banned in California during election season.
In the realm of arts and culture, deepfakes are being used to produce art, engage audiences and provide personalized experiences to visitors in a way that has never been done before. Some famous artworks are already being deepfaked: For example, in 2019, researchers from Moscow’s Samsung AI Center and Skolkovo Institute of Science and Technology have taken portraits, such as da Vinci’s ‘Mona Lisa’ and Gustav Klimt’s ‘Portrait of Johanna Staude’, and manipulated them to talk and move as though they are real people.
Apart from manipulating artworks, deepfakes also enable fresh engagement with past art by making artists “speak”. The Dali Museum in St. Petersburg, Florida used AI-driven editing and rendering technique to produce a life-sized recreation of Dali out of thousands of hours of archival video footage. Visitors got to listen to Dali’s life stories from “his own mouth”. In a time of growing competition for attention and loyalty from visitors, this shed light on how museums could increase engagement by offering immersive experiences.
Artists also began to apply deepfakes in their creation. In 2019, Turner Prize-winning British artist Gillian Wearing used a deepfake video to create a new extension of her exhibition at the Cincinnati Art Museum, “Life: Gillian Wearing”. Some artists also used deepfakes to offer powerful social commentary. For instance, Bill Posters and Daniel Howe created a deepfake video of Mark Zuckerberg as a critique of data security in the world of big data.
Either deepfake technology is used as a tool for artistic creation or for museum engagement, it might change the way people engage with art and art space. However, like all the other technologies, there are both opportunities and risks. We should both be open and informed about their potential in the world of arts and engagement, and try to protect against their negative use, such as improving algorithms to detect fake or altered media and making measures to prevent misuse of these technologies.
Source | CUSEUM
Editor | Lu Yufan
CAFA Art Museum Publication Authorization Agreement
I fully agree to CAFA Art Museum (CAFAM) submitting to CAFA for publication the images, pictures, texts, writings, and event products (such as works created during participation in workshops) related to me from my participation in public events (including museum member events) organized by the CAFA Art Museum Public Education Department. CAFA can publish these materials by electronic, web, or other digital means, and I hereby agree to be included in the China Knowledge Resource Bank, the CAFA Database, the CAFA Art Museum Database, and related data, documentation, and filing institutions and platforms. Regarding their use in CAFA and dissemination on the internet, I agree to make use of these rights according to the stated Rules.
CAFA Art Museum Event Safety Disclaimer
Article I
This event was organized on the principles of fairness, impartiality, and voluntary participation and withdrawal. Participants undertake all risk and liability for themselves. All events have risks, and participants must be aware of the risks related to their chosen event.
Article II
Event participants must abide by the laws and regulations of the People’s Republic of China, as well as moral and ethical norms. All participants must demonstrate good character, respect for others, friendship, and a willingness to help others.
Article III
Event participants should be adults (people 18 years or older with full civil legal capacity). Underage persons must be accompanied by an adult.
Article IV
Event participants undertake all liability for their personal safety during the event, and event participants are encouraged to purchase personal safety insurance. Should an accident occur during an event, persons not involved in the accident and the museum do not undertake any liability for the accident, but both have the obligation to provide assistance. Event participants should actively organize and implement rescue efforts, but do not undertake any legal or economic liability for the accident itself. The museum does not undertake civil or joint liability for the personal safety of event participants.
Article V
During the event, event participants should respect the order of the museum event and ensure the safety of the museum site, the artworks in displays, exhibitions, and collections, and the derived products. If an event causes any degree of loss or damage to the museum site, space, artworks, or derived products due to an individual, persons not involved in the accident and the museum do not undertake any liability for losses. The event participant must negotiate and provide compensation according to the relevant legal statutes and museum rules. The museum may sue for legal and financial liability.
Article VI
Event participants will participate in the event under the guidance of museum staff and event leaders or instructors and must correctly use the painting tools, materials, equipment, and/or facilities provided for the event. If a participant causes injury or harm to him/herself or others while using the painting tools, materials, equipment, and/or facilities, or causes the damage or destruction of the tools, materials, equipment, and/or facilities, the event participant must undertake all related liability and provide compensation for the financial losses. Persons not involved in the accident and the museum do not undertake any liability for personal accidents.
CAFA Art Museum Portraiture Rights Licensing Agreement
According to The Advertising Law of the People’s Republic of China, The General Principles of the Civil Law of the People’s Republic of China, and The Provisional Opinions of the Supreme People’s Court on Some Issues Related to the Full Implementation of the General Principles of the Civil Law of the People’s Republic of China, and upon friendly negotiation, Party A and Party B have arrived at the following agreement regarding the use of works bearing Party A’s image in order to clarify the rights and obligations of the portrait licenser (Party A) and the user (Party B):
I. General Provisions
(1) Party A is the portraiture rights holder in this agreement. Party A voluntarily licenses its portraiture rights to Party B for the purposes stipulated in this agreement and permitted by law.
(2) Party B (CAFA Art Museum) is a specialized, international modern art museum. CAFA Art Museum keeps pace with the times, and works to create an open, free, and academic space and atmosphere for positive interaction with groups, corporations, institutions, artists, and visitors. With CAFA’s academic research as a foundation, the museum plans multi-disciplinary exhibitions, conferences, and public education events with participants from around the world, providing a platform for exchange, learning, and exhibition for CAFA’s students and instructors, artists from around the world, and the general public. As a public institution, the primary purposes of CAFA Art Museum’s public education events are academic and beneficial to society.
(3) Party B will photograph all CAFA Public Education Department events for Party A.
II. Content, Forms of Use, and Geographical Scope of Use
(1) Content. The content of images taken by Party B bearing Party A’s likeness include: ① CAFA Art Museum ② CAFA campus ③ All events planned or executed by the CAFAM Public Education Department.
(2) Forms of Use. For use in CAFA’s publications, products with CDs, and promotional materials.
(3) Geographical Scope of Use
The applicable geographic scope is global.
The media in which the portraiture may be used encompasses any media that does not infringe upon Party A’s portraiture rights (e.g., magazines and the internet).
III. Term of Portraiture Rights Use
Use in perpetuity.
IV. Licensing Fees
The fees for images bearing Party A’s likeness will be undertaken by Party B.
After completion, Party B does not need to pay any fees to Party A for images bearing Party A’s likeness.
Additional Terms
(1) All matters not discussed in this agreement shall be resolved through friendly negotiation between both parties. Both parties may then sign a supplementary agreement, provided it does not violate any laws or regulations.
(2) This agreement comes into effect on the date that it is signed (sealed) and the relevant boxes are selected by Party A and Party B.
(3) This agreement exists in paper and electronic forms. The paper form is made in duplicate, with Party A and Party B each retaining one copy with the same legal efficacy.
Event participants implicitly accept and undertake all the obligations stated in this agreement. Those who do not consent will be seen as abandoning the right to participate in this event. Before participating in this event, please speak to your family members to obtain their consent and inform them of this disclaimer. After participants sign/check the required box, participants and their families will be seen as having read and agreed to these terms.
I have carefully read and agree to the above provisions.
CAFA Art Museum Publication Authorization Agreement
I fully agree to CAFA Art Museum (CAFAM) submitting to CAFA for publication the images, pictures, texts, writings, and event products (such as works created during participation in workshops) related to me from my participation in public events (including museum member events) organized by the CAFA Art Museum Public Education Department. CAFA can publish these materials by electronic, web, or other digital means, and I hereby agree to be included in the China Knowledge Resource Bank, the CAFA Database, the CAFA Art Museum Database, and related data, documentation, and filing institutions and platforms. Regarding their use in CAFA and dissemination on the internet, I agree to make use of these rights according to the stated Rules.
CAFA Art Museum Event Safety Disclaimer
Article I
This event was organized on the principles of fairness, impartiality, and voluntary participation and withdrawal. Participants undertake all risk and liability for themselves. All events have risks, and participants must be aware of the risks related to their chosen event.
Article II
Event participants must abide by the laws and regulations of the People’s Republic of China, as well as moral and ethical norms. All participants must demonstrate good character, respect for others, friendship, and a willingness to help others.
Article III
Event participants should be adults (people 18 years or older with full civil legal capacity). Underage persons must be accompanied by an adult.
Article IV
Event participants undertake all liability for their personal safety during the event, and event participants are encouraged to purchase personal safety insurance. Should an accident occur during an event, persons not involved in the accident and the museum do not undertake any liability for the accident, but both have the obligation to provide assistance. Event participants should actively organize and implement rescue efforts, but do not undertake any legal or economic liability for the accident itself. The museum does not undertake civil or joint liability for the personal safety of event participants.
Article V
During the event, event participants should respect the order of the museum event and ensure the safety of the museum site, the artworks in displays, exhibitions, and collections, and the derived products. If an event causes any degree of loss or damage to the museum site, space, artworks, or derived products due to an individual, persons not involved in the accident and the museum do not undertake any liability for losses. The event participant must negotiate and provide compensation according to the relevant legal statutes and museum rules. The museum may sue for legal and financial liability.
Article VI
Event participants will participate in the event under the guidance of museum staff and event leaders or instructors and must correctly use the painting tools, materials, equipment, and/or facilities provided for the event. If a participant causes injury or harm to him/herself or others while using the painting tools, materials, equipment, and/or facilities, or causes the damage or destruction of the tools, materials, equipment, and/or facilities, the event participant must undertake all related liability and provide compensation for the financial losses. Persons not involved in the accident and the museum do not undertake any liability for personal accidents.
CAFA Art Museum Portraiture Rights Licensing Agreement
According to The Advertising Law of the People’s Republic of China, The General Principles of the Civil Law of the People’s Republic of China, and The Provisional Opinions of the Supreme People’s Court on Some Issues Related to the Full Implementation of the General Principles of the Civil Law of the People’s Republic of China, and upon friendly negotiation, Party A and Party B have arrived at the following agreement regarding the use of works bearing Party A’s image in order to clarify the rights and obligations of the portrait licenser (Party A) and the user (Party B):
I. General Provisions
(1) Party A is the portraiture rights holder in this agreement. Party A voluntarily licenses its portraiture rights to Party B for the purposes stipulated in this agreement and permitted by law.
(2) Party B (CAFA Art Museum) is a specialized, international modern art museum. CAFA Art Museum keeps pace with the times, and works to create an open, free, and academic space and atmosphere for positive interaction with groups, corporations, institutions, artists, and visitors. With CAFA’s academic research as a foundation, the museum plans multi-disciplinary exhibitions, conferences, and public education events with participants from around the world, providing a platform for exchange, learning, and exhibition for CAFA’s students and instructors, artists from around the world, and the general public. As a public institution, the primary purposes of CAFA Art Museum’s public education events are academic and beneficial to society.
(3) Party B will photograph all CAFA Public Education Department events for Party A.
II. Content, Forms of Use, and Geographical Scope of Use
(1) Content. The content of images taken by Party B bearing Party A’s likeness include: ① CAFA Art Museum ② CAFA campus ③ All events planned or executed by the CAFAM Public Education Department.
(2) Forms of Use. For use in CAFA’s publications, products with CDs, and promotional materials.
(3) Geographical Scope of Use
The applicable geographic scope is global.
The media in which the portraiture may be used encompasses any media that does not infringe upon Party A’s portraiture rights (e.g., magazines and the internet).
III. Term of Portraiture Rights Use
Use in perpetuity.
IV. Licensing Fees
The fees for images bearing Party A’s likeness will be undertaken by Party B.
After completion, Party B does not need to pay any fees to Party A for images bearing Party A’s likeness.
Additional Terms
(1) All matters not discussed in this agreement shall be resolved through friendly negotiation between both parties. Both parties may then sign a supplementary agreement, provided it does not violate any laws or regulations.
(2) This agreement comes into effect on the date that it is signed (sealed) and the relevant boxes are selected by Party A and Party B.
(3) This agreement exists in paper and electronic forms. The paper form is made in duplicate, with Party A and Party B each retaining one copy with the same legal efficacy.
Event participants implicitly accept and undertake all the obligations stated in this agreement. Those who do not consent will be seen as abandoning the right to participate in this event. Before participating in this event, please speak to your family members to obtain their consent and inform them of this disclaimer. After participants sign/check the required box, participants and their families will be seen as having read and agreed to these terms.
I have carefully read and agree to the above provisions.
CAFA Art Museum Publication Authorization Agreement
I fully agree to CAFA Art Museum (CAFAM) submitting to CAFA for publication the images, pictures, texts, writings, and event products (such as works created during participation in workshops) related to me from my participation in public events (including museum member events) organized by the CAFA Art Museum Public Education Department. CAFA can publish these materials by electronic, web, or other digital means, and I hereby agree to be included in the China Knowledge Resource Bank, the CAFA Database, the CAFA Art Museum Database, and related data, documentation, and filing institutions and platforms. Regarding their use in CAFA and dissemination on the internet, I agree to make use of these rights according to the stated Rules.
CAFA Art Museum Event Safety Disclaimer
Article I
This event was organized on the principles of fairness, impartiality, and voluntary participation and withdrawal. Participants undertake all risk and liability for themselves. All events have risks, and participants must be aware of the risks related to their chosen event.
Article II
Event participants must abide by the laws and regulations of the People’s Republic of China, as well as moral and ethical norms. All participants must demonstrate good character, respect for others, friendship, and a willingness to help others.
Article III
Event participants should be adults (people 18 years or older with full civil legal capacity). Underage persons must be accompanied by an adult.
Article IV
Event participants undertake all liability for their personal safety during the event, and event participants are encouraged to purchase personal safety insurance. Should an accident occur during an event, persons not involved in the accident and the museum do not undertake any liability for the accident, but both have the obligation to provide assistance. Event participants should actively organize and implement rescue efforts, but do not undertake any legal or economic liability for the accident itself. The museum does not undertake civil or joint liability for the personal safety of event participants.
Article V
During the event, event participants should respect the order of the museum event and ensure the safety of the museum site, the artworks in displays, exhibitions, and collections, and the derived products. If an event causes any degree of loss or damage to the museum site, space, artworks, or derived products due to an individual, persons not involved in the accident and the museum do not undertake any liability for losses. The event participant must negotiate and provide compensation according to the relevant legal statutes and museum rules. The museum may sue for legal and financial liability.
Article VI
Event participants will participate in the event under the guidance of museum staff and event leaders or instructors and must correctly use the painting tools, materials, equipment, and/or facilities provided for the event. If a participant causes injury or harm to him/herself or others while using the painting tools, materials, equipment, and/or facilities, or causes the damage or destruction of the tools, materials, equipment, and/or facilities, the event participant must undertake all related liability and provide compensation for the financial losses. Persons not involved in the accident and the museum do not undertake any liability for personal accidents.
CAFA Art Museum Portraiture Rights Licensing Agreement
According to The Advertising Law of the People’s Republic of China, The General Principles of the Civil Law of the People’s Republic of China, and The Provisional Opinions of the Supreme People’s Court on Some Issues Related to the Full Implementation of the General Principles of the Civil Law of the People’s Republic of China, and upon friendly negotiation, Party A and Party B have arrived at the following agreement regarding the use of works bearing Party A’s image in order to clarify the rights and obligations of the portrait licenser (Party A) and the user (Party B):
I. General Provisions
(1) Party A is the portraiture rights holder in this agreement. Party A voluntarily licenses its portraiture rights to Party B for the purposes stipulated in this agreement and permitted by law.
(2) Party B (CAFA Art Museum) is a specialized, international modern art museum. CAFA Art Museum keeps pace with the times, and works to create an open, free, and academic space and atmosphere for positive interaction with groups, corporations, institutions, artists, and visitors. With CAFA’s academic research as a foundation, the museum plans multi-disciplinary exhibitions, conferences, and public education events with participants from around the world, providing a platform for exchange, learning, and exhibition for CAFA’s students and instructors, artists from around the world, and the general public. As a public institution, the primary purposes of CAFA Art Museum’s public education events are academic and beneficial to society.
(3) Party B will photograph all CAFA Public Education Department events for Party A.
II. Content, Forms of Use, and Geographical Scope of Use
(1) Content. The content of images taken by Party B bearing Party A’s likeness include: ① CAFA Art Museum ② CAFA campus ③ All events planned or executed by the CAFAM Public Education Department.
(2) Forms of Use. For use in CAFA’s publications, products with CDs, and promotional materials.
(3) Geographical Scope of Use
The applicable geographic scope is global.
The media in which the portraiture may be used encompasses any media that does not infringe upon Party A’s portraiture rights (e.g., magazines and the internet).
III. Term of Portraiture Rights Use
Use in perpetuity.
IV. Licensing Fees
The fees for images bearing Party A’s likeness will be undertaken by Party B.
After completion, Party B does not need to pay any fees to Party A for images bearing Party A’s likeness.
Additional Terms
(1) All matters not discussed in this agreement shall be resolved through friendly negotiation between both parties. Both parties may then sign a supplementary agreement, provided it does not violate any laws or regulations.
(2) This agreement comes into effect on the date that it is signed (sealed) and the relevant boxes are selected by Party A and Party B.
(3) This agreement exists in paper and electronic forms. The paper form is made in duplicate, with Party A and Party B each retaining one copy with the same legal efficacy.
Event participants implicitly accept and undertake all the obligations stated in this agreement. Those who do not consent will be seen as abandoning the right to participate in this event. Before participating in this event, please speak to your family members to obtain their consent and inform them of this disclaimer. After participants sign/check the required box, participants and their families will be seen as having read and agreed to these terms.
I have carefully read and agree to the above provisions.
