This is not going to be a full Medium article and so I hope to keep it brief and stick to the major points.
Up until now we at Harem have taken a strict “No Real Faces” policy, this is because Deepfakes present the potential for unethical use and as a porn company we want to avoid being part of what we see as a very dystopian trend of actual “non-consensual porn”. Not the Samantha Cole “this face is 0.0001% based on another woman’s face therefore it’s non-consensual porn” clickbait buzzword nonsense, but honest to god use of a person’s unaltered image for the purpose of creating porn of them without their consent.
However, our community has consistently pointed out that this is very limiting in terms of content creation, and perhaps overbroad. Isn’t it legitimate satire to deepfake Donald Trump into a spray tan commercial? What if someone approaches us actively volunteering to have their face used in porn (which multiple folks have as of the time of writing this article)? And further, how does this apply to instances with heavy makeup? Certainly we wouldn’t be okay with someone using Bill Skasgard’s face, but should the same rule apply when he is nigh unrecognizable as Pennywise the Clown? Or Heath Ledger as the Joker?
Without getting into all the possible scenarios, we have come to the conclusion we were too quick to draw a line in the sand. Accordingly, we are instituting the following set of updated rules;
- No person under the age of 18 can have their face used for anything, pornographic or otherwise.
- A person above the age of 18, in order to have their face usable through Harem, must explicitly and publicly consent in the following manner;
- They must have a verified social media account.
- They must be well known (famous) and above the age of 18. (You have to be famous enough that we can easily and conclusively confirm through multiple sources you are definitely over 18. If there’s any doubt, we’re just going to refuse you. Go get more famous.)
- They must mint their own NFT of their face or faceset and send it to the Harem wallet of their own accord.
- They must post publicly from the social media account while tagging the official Harem account that the use of their face is acceptable.
- We will provide in the next few months a contract and waiver, they will have to post a signed copy of this contract and waiver. It’ll be a while until this comes out.
- They must state in the post tagging the Harem account that they have read through and understand the waiver and contract and are choosing to sign it.
- This grant is “carte blanche” a person may not partially consent or consent to only some kinds of content. It’s all or nothing.
- Genderbent or significantly visually altered people (see the previous example of Pennywise and the Joker) will not be considered to be “real people”. However if the person whose gender was bent or who is wearing makeup was under the age of 18, their image cannot be used even if they are unrecognizable. If you’re not sure whether someone qualifies as “significantly visually altered”, assume they don’t.
- The Harem team may at any time refuse any order for any reason, whether rules based or arbitrary. If your video is questionable, assume that we will do this.
This will also allow for us to work directly with our community and those who want to have their faces used. These rules may be updated from time to time as things change. Those who have contacted us and who have been verified previous to the time of writing this will be grandfathered in for the videos already in process, but not to additional videos down the line.
Edit: As a point of clarification, these are the rules if you want to use our API, not the rules we keep for our own promotional content.