Ghibli Filters, Deepfakes, and the Ownership of Likeness: Intellectual Property Perspectives on Biometric Creativity

Introduction: When Art Meets Algorithm

In an age where every selfie can be transformed into a Studio Ghibli-inspired portrait and faces are effortlessly swapped in viral deepfakes, the line between artistic expression and biometric exploitation is becoming increasingly blurred. Stylized filters and generative technologies have captivated millions with their whimsical charm, yet beneath the surface lies a complex web of data extraction, facial recognition, and algorithmic profiling. As aesthetic tech trends reshape the digital landscape, they also raise urgent questions about identity ownership, consent, and the commodification of our most personal feature—our face. This paper explores the curious convergence of creativity and surveillance, where biometric data is not just monitored but beautified, shared, and subtly harvested under the guise of entertainment.

Understanding Biometrics and its risk in intellectual property 

Earlier biometric systems are very basic like fingerprint specials can I reached detection were used but now with AI integration the systems are far more advanced now they can be used to detector emotions tone health condition psychology patterns behaviour intention etc after seeing all this we can say that biometric data has now become a new commodity biometric data can be used to reveal most personal and deep information about a person that we can't even imagine like data can be used to predict the age of the person diseases he has or any creative aspect of the person. If so many things can be analysed just by uploading a picture on any social platform or any AI tool then it really possesses a great threat about a security and also it possesses a great challenge around the ownership. As we have seen that AI can easily analyse and generate content just by looking at the picture or biometric data now the question arises that who owns this result. Like in past we have seen the excessive use of deepfake technology to to create content or any sort of artwork now question arises that who has the ownership over that created content which has been created by AI. And the current recent trend of gilibil filters where an image has been generated so now the same question arrives who owns this content that has been created by AI.

This makes it hard to draw a clear line between genuine biometric identity and AI created version braving serious question about identity thief impersonation and IP rights in virtual speech.

Just to follow the trend we are giving AI permission to enter our gallery and get a personal picture of ours out from there. Another here another question arises that are we giving are we giving AI just a permission to get a picture and convert it into a trendy filter or there are any other consequences of this. People may give biometric for a specific purpose without understanding the broader use AI make of that data. Was this really an informed consent given?

The Future Landscape of Biometric data as Intellectual Property in an AI-Dominated World

Protecting biometric data as intellectual property in ai is not simple. This AI technology is simply challenging our basic understanding of ownership identity and privacy. And biometric data are deeply very personal, it becomes very important to have new and creative legal approaches to install human dignity and innovation in this digital world. Our Lawmakers, technologists, and other policy makers should give new rules and guidelines to prevent the use of biometric data in ethical way specially for those vulnerable groups who may be more likely to be exploited in future. New definition of identity and privacy should be given considering the biometrics and AI in use, as this challenges the ownership. So that we can enjoy the benefits of advanced technology while protecting the human rights and dignity.

This article is authored by Payal Saini. She was among the Top 40 performers in the Legal Drafting Quiz Competition organized by Lets Learn Law.