this post was submitted on 09 Apr 2024
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The law creates a new kind of intellectual property, so one would expect the enforcement problems to be similar to copyright. However, there are some big differences.
One is that the minimum damages are 150k USD + attorney's fees/costs. That's going to unleash quite some entrepreneurial zeal.
To be on the hook, "possession with intent to distribute" is enough if one "recklessly disregards" that a depicted individual did not consent. EG if you come across nudes of some celebrities on your lemmy instance, you better delete them immediately. Assuming that the celebrity consented to the images being shared sounds like "reckless disregard" to me. If it's just someone, then it's no problem.
This definitely will make some people quite a lot of money.