Can you trust FaceApp with your face?
Provided by KISCH IP
With an entrenched history in Africa, KISCH IP has, for the last 145 years, assisted clients from small to large businesses in all sectors, in safeguarding their intellectual property rights. While acknowledging our establish... more
08 Aug 2019
Over 150 million people worldwide recently downloaded the very popular FaceApp after Hollywood celebrities started posting images of their edited faces in a social media challenge using the hashtag, #OldAgeChallenge. The challenge was simply to age your face using FaceApp and then post the image on twitter, facebook, or instagram using the hashtag.
FaceApp uses artificial intelligence technology to automatically generate highly realistic transformations of faces in photographs. It can generate an older or younger version of yourself as seen in the Challenge or even transform your face to make it change gender or look like a Hollywood star. Needless to say, every Joe and Jane Soap with a smartphone is too curious not to find out how they will look as an oldie which has meant mass popularity of the Challenge.
FaceApp’s overly aggressive t’s and c’s basically means that its creators can store your photos (not just the photo uploaded but ALL your photos on your device especially on IOS devices) indefinitely, edit them, use them in promotional materials and even sell them without compensation. We all know that in that data is power and FaceApp may very well take full advantage thereof. Also, Section 15 of the terms prevents you from taking any legal action again them and any legal disputes can only be resolved in confidential arbitration. An opt-out provision is available although users only have 30 days to use it which means most are already too late given that again, most wouldn’t have read that anyway.
Be that as it may, users need to consider and understand the rights FaceApp’s t’s and c’s gives the company and while yes, it is your face, do you even own the copyright of your own face?
Ruan Dickinson is an attorney in KISCH IP's Trade Mark Department. He specialises in trade mark prosecution, queries and administration.Send a legal query to Ruan Dickinson