Draft a takedown or letter pack for image-rights or deepfake misuse
Key facts
- Human involvement
- RedLawyer-led
- How AI is used
- Organise the captured posts (URL, account, upload date, screenshot) into a table beside the right the lawyer has identified for each one, grouping re-uploads and mirror copies under the original. List, against the recipients the lawyer has named, what each platform's takedown form requires and what the eSafety Commissioner's removal scheme requires, taking those requirements from the platform's current published form and from the current text of the Act the scheme is made under rather than from what the tool recalls of either. Check the lawyer's draft notice and letter against that list, and flag every assertion of right, ownership or harm with nothing on the file behind it.
- What the lawyer must review
- You draft the notice and the letter. There is no free-standing image right in Australia, so name the right you are actually relying on: copyright in the photograph or footage, trade mark, passing off and misleading conduct, contract, defamation, the serious-invasion-of-privacy tort in Schedule 2 of the Privacy Act 1988 (Cth), or the eSafety Commissioner's removal scheme. The photographer owns copyright in the image under s 35(2) of the Copyright Act 1968 (Cth) unless it has been assigned, so check the chain of title before you assert ownership. The eSafety Commissioner's removal scheme reaches an altered intimate image but not an ordinary commercial fake endorsement, so confirm the material is within the scheme before you invoke it. If the letter is or contains a concerns notice, check it against the defamation content requirements, because what it specifies fixes what you can later plead and starts the 28-day period. Confirm every threat and every good-faith certification in the notice is one you can justify before it goes out.
- Written for / version
- Cth
Open a jurisdiction version of this task to see which instruments apply.
Who does what
| Role | What they do |
|---|---|
| Assistance | Supporting preparation only. Potential support includes preparing preliminary structure or wording and identifying points for review. Confirm the tool’s capability and permitted scope. Substantive advice, judgement and any restricted content remain with the responsible human. |
| Lawyer | Perform the substantive analysis and decisions. Independently check any permitted supporting work and approve the exact output for its intended use. |
Checklist
- Review operative clauses in the complete document, including definitions, cross-references, schedules and inconsistencies with the instructions.
- Confirm that the actual tool, feature and processing terms permit use of this information, including access, retention, training and disclosure conditions.
- Confirm instructions and personal circumstances through appropriate direct engagement. Have the responsible lawyer assess safety, capacity or vulnerability concerns and escalation.
- Preserve original files and relevant metadata. Document provenance and handling, and seek forensic review where authenticity needs to be resolved.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.